Fort Lauderdale Criminal Defense & Personal Injury Attorneys
What Leads to a Prescription Drug Charge in Florida?

What Leads to a Prescription Drug Charge in Florida?

Given common prescription practices, it’s not unusual for someone to end up with a relatively large collection of opioids and other highly scheduled prescription drugs over the course of their lifetime. However, if someone gets caught either selling or trading their prescription drugs, they may be charged with committing drug crimes. Law enforcement agencies have devoted more and more of their resources to fighting “prescription drug crime,” both in Fort Lauderdale and nationwide.

Drugs for the following conditions tend to be charged the most often:

  • ADHD
  • Narcolepsy
  • Depression
  • Anxiety
  • Chronic pain

Some of the drugs that treat these conditions, such as amphetamines or opioids, are highly regulated and fall under Schedule I drugs. Getting charged with unlawful possession, distribution or sale of Schedule II drugs is at least a third-degree felony, depending on if it’s your first charge.

Possessing Prescription Drugs Without a Prescription

If you happen to have in your car or home prescription drugs belonging to another person, then you may be charged with possession with intent to sell. If you possess Schedule II drugs without a prescription, it doesn’t take much for prosecutors to build an “intent to distribute” case against you. Intent to distribute Schedule II drugs is a second-degree felony, which comes with up to 15 years of prison time.

Schedule II drugs include medications with limited medical use, like:

  • OxyContin
  • Vicodin
  • Demerol
  • Ritalin
  • Percocet
  • Hydrocodone

These drugs are prescribed in a large number of cases, even for something as routine as wisdom tooth removal. It’s not unheard of for someone to have these drugs in their possession by accident, either if a friend leaves it in their car or home, or if a family member leaves it behind after a visit.

If you’ve been wrongly charged with prescription drug crimes, speak with our Fort Lauderdale drug crime lawyers today.

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Our Victories

  • Not Guilty, Acquitted at Trial Aggravated Battery with a Deadly Weapon

    Outcome: Client was alleged to have used his vehicle to strike victim, and there was video of the incident which could have been interpreted to actually show the crime. The state was offering significant prison time before trial. By meticulous planning and strategic cross-examination to expose the motives and fabrications by the alleged victim, and an eyewitness in support of the alleged victim, Rudenberg & Glasser convinced a jury to acquit the client and avoid a mandatory long prison sentence.

  • Domestic Violence
    Outcome: Rudenberg & Glasser went to trial and were able to show during cross-examination that the alleged victim was the aggressor and that the client acted in self-defense. The jury returned a not guilty verdict almost immediately following trial.
  • Domestic Violence With 911 Call and Pictures
    Outcome: Rudenberg & Glasser took the case to trial after fleshing out inconsistencies in the alleged victim's account. The jury returned a verdict of not guilty and the client's unblemished record was preserved.
  • False Arrest

    Outcome: Attorney Glasser was able to show with video footage that his client did not commit the alleged offense and furthermore, the police officer who ordered his arrest was negligent in his investigation and improperly supervised.

    Read more about this story on the Sun Sentinel.

  • Probation Only Federal Conspiracy to Commit Mail & Wire Fraud

    Outcome: Through compelling sentencing memorandum and passionate oral argument, Rudenberg & Glasser were able to convince the federal court judge to sentence their client to treatment for substance abuse, and no incarceration, even though the client had a lengthy criminal history and the Government was seeking prison time.

  • Felony DUI: Client was in an Accident and Left the Scene
    Outcome: Rudenberg & Glasser filed a compelling motion to suppress evidence based on law enforcement's actions during the investigation. Rudenberg & Glasser were able to persuade the prosecutor prior to the motion to suppress hearing that the charge should be broken down from a felony to a misdemeanor and the client was offered probation instead of the previously sought prison sentence.
  • Final Injunction Hearing
    Outcome: Client desperately needed to avoid a final injunction on his record. Rudenberg & Glasser defended him at the hearing and proved that the Petitioner was not in fear for her safety. The judge dismissed the injunction.
  • First-Degree Misdemeanor: Resisting Police Officer Without Violence
    Outcome: Mr. Rudenberg presented evidence that the police officer’s version of events was not credible, and that accusations were made to justify excessive use of force by police officer. Jury returned a verdict of not guilty in less than five minutes.
  • First-Degree Misdemeanors: DUI & Possession of Cannabis
    Outcome: Mr. Rudenberg won a motion arguing the DUI checkpoint was conducted in violation of the Fourth Amendment, and the Judge entered an order suppressing all evidence. Case was dropped by the State, and client avoided a mandatory conviction for DUI, as well as mandatory fines and license suspensions.
  • $250,000 Pre-Trial Personal Injury

    Outcome: Client was injured by a malfunctioning door, requiring stitches and leaving a scar on client's knee. There were limited medical bills and no surgeries, but through extremely challenging and successful negotiations, Rudenberg & Glasser were able to secure a settlement of $250,000.

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