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Michael A. Gottlieb, P.A.
“Out of the Box” Defense Strategy
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What happens if police find a prescription drug that isn't mine?

Imagine for a moment that you are a young person who has just been pulled over by police for a small traffic violation. You're nervous, naturally, because you've never been pulled over before. You're doing all you can to stop from shaking. You're not even thinking about your rights or what constitutes a violation of your rights.

During the course of talking to the officer, he makes a comment about a pill bottle you have sitting on your back seat. You tell the officer it's not yours, which is the truth – it's your friend's. If you're like a lot of young adults then you may not realize that this statement alone can be grounds to take you into police custody. Why? Because you have just admitted to being in possession of a prescription drug without holding a lawful prescription.

Though a case like this might seem rare, traffic stops can lead to other criminal charges and oftentimes do in Florida. In today's post, we'll take a look at drug possession charges involving prescription drugs and explain what our readers should do if they should find themselves facing criminal charges as a result.

For those who don't know, possessing a prescription drug without holding a lawful prescription for that drug is considered a crime in Florida under § 499.03 of the Florida Statutes. Considered a misdemeanor charge, those who are accused of committing this crime may not face the same consequences as another person charged with the same crimes. That's because sentences are based on the circumstances of the case such as a previous criminal history and whether you had the intent to sell the prescription drug within your possession. Fines also vary depending on the circumstances of your case and the amount of leniency afforded by the judge.

Just because possession of a prescription drug is considered a misdemeanor, it should still be taken seriously, meaning you should contact an attorney immediately following arrest so as to ensure the protection of your rights. Without an attorney at your side, you might do or say something that could be used against you, leading to an outcome in your case that is not the best.

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