Attorneys Defending Prescription Drug Possession in Orlando

Hiring an Orlando criminal defense lawyer that is an experienced in both prosecuting and defending clients charged with possession of a controlled substance, drug or medication without a valid prescription in Orlando, Florida is crucial. The punishment for prescription drug crimes in Orlando is harsh and can result in a permanent criminal drug record. Attorney N. Fleetwood Tilden is a former Central Florida Prosecutor with over 20 years experience in successfully defending and beating Orlando Prescription drug crimes. Contact Tilden Law today for a free initial case evaluation to determine your best defense.

 

Prosecuting Possessing Prescriptions Drug/Medication in Orlando

Orlando prosecutors frequently file criminal charges for possession of medication without a prescription by either alleging actual possession or constructive possession. An example of actual possession is where an officer comes in contact with a person through a traffic stop. The driver reaches into his or her pocket to provide the officer with a driver license and the officer sees a pill drops to the pavement. Because the pill was in the person’s pocket, it is considered in his actual possession. Under the same set of facts, constructive possession would be where the officer looks into the car while speaking to the driver and sees a pill on the driver side floor board at the driver’s feet. While the pill is not in his actual possession, because it is in an area that the driver has unique control over, the law provides he is in possession of the pill. In each of these examples, there may be specific defenses that result in a dismissal of criminal charges. Among the most common prescription medications/drugs abused in Orlando are:

  • Hydrocodone
  • Oxycodone
  • Oxycontin
  • Dilaudid
  • Morphine
  • Alprazolam
  • Diazepam (Valium)
  • Clonazepam (Xanax)

 

How Tilden Law Defends Your Orlando Prescription Drug Charge

As a former Central Florida prosecutor, attorney N. Fleetwood Tilden is in the unique position to evaluate both the strengths and weaknesses of your Orlando prescription drug charge from the viewpoint of the State Attorney’s office and defense prospective. In order to successfully defend your drug possession case, we exhaustively review the following areas:

  • Was your initial police contact consensual or were you illegally detained
  • How was the prescription discovered by police
  • Did you consent to police searching your home or car
  • Did you consent to the search of your person
  • Were you legally prescribed the medication by a licensed doctor
  • Was the medication found in a container other than the pill bottle
  • Were you “holding” the medication for someone other than yourself
  • Were you aware of the presence of the medication
  • Did police read you your rights under Miranda prior to asking you questions
  • Was there a legally obtained search warrant
  • Can Police prove you were in actual possession
  • Was a search warrant used to your case and if so was it executed properly

 

Punishment for Unauthorized Possession of Prescription Drugs in Orlando

Possession of a controlled substance is considered a 3rd degree Felony under Florida Statute 893.13(6)(a). Florida law does not distinguish between first time offenders and those with prior illegal prescription medication possession when it comes to punishment. The sentence can include:

  • Withholding of adjudication (non-conviction) or Adjudication of guilt (conviction)
  • Up to 5 years State Prison
  • Up to 5 years supervised state probation
  • $5,000.00 fine plus court costs
  • Community service hours
  • Random urine tests at individuals expense
  • Drug evaluation to determine dependency
  • Mandatory counseling if recommended
  • Mandatory inpatient treatment
  • Permanent criminal record if Adjudicated guilty (cannot be sealed or expunged)
  • 1 years mandatory driver license suspension


Other Consequences of Possession Prescription Drugs in Orlando

In addition to the criminal punishments, people who have been arrested or charged with possession of prescription drugs without a valid prescription will face significant employment and educational hardships due to the nature of the offense. These hardships include:

  • Medical license suspension or revocation
  • Professional license suspension
  • Disqualified from qualifying for some mortgages
  • Disqualified from qualifying for student loans and financial aid
  • School sanctions for violating college code of conduct
  • Criminal charge showing up on employment background check
  • Deportation for immigrants
  • Mug shot posted on the Internet

 

Expunge or Seal Orlando Possession of Prescription Drug Charge

Like most drug offenses, possession of prescription medication charges may be expunged or sealed. Expunging a criminal record in Florida requires not only the charge itself to be dismissed as a prerequisite, but also the petitioner must not have ever been convicted of a criminal offense in Florida. While sealing a Florida criminal record also requires no prior sealing or expunging petitions in the past, a petitioner can qualify if a plea was entered in the present case and adjudication was withheld. Contact Tilden Law today to see if your possession of prescription drug case qualifies for either expungement or sealing.

 

Pre-Trial Diversion for Orlando Prescription Medication Charges

The Orange County Florida office of the State Attorney may allow and offer pretrial diversion in cases involving prescription drug cases. The idea behind the program is to educate the participant and help prevent repeat criminal behavior. The Orlando felony PTD program generally consists of:

  • Minimum 12 months supervision
  • $240.00 Cost of Supervision
  • Random drug testing at individuals expense
  • Minimum of 100 community service hours
  • Drug dependency evaluation with treatment if indicated

In order to initially be considered for the PTD program, the participant must have no prior felony offenses (whether convicted or not) and no more than one (1) prior misdemeanor offense (non-drug related). Additionally, the participant must not have participated in a prior PTD program including juvenile cases. Once all the program conditions have been successfully completed and the supervision time has expired, the probation department will send a letter to the State Attorney’s office indicating successful completion. The State Attorney will then file a dismissal of your prescription drug case.

 

Contact Criminal Defense Attorney N. Fleetwood Tilden – Free Initial Consultation

Criminal Defense Lawyer N. Fleetwood Tilden fights for clients in Orange County and Seminole County.

Call 407.599.1234 to speak with a highly experienced Central Florida attorney.