Orlando Xanax Possession Lawyer
Xanax is Pfizer’s commercial name for the drug alprazolam — a schedule IV drug used to treat anxiety and panic disorders. Even if you have been legally prescribed Xanax in the past, possession of alprazolam without a prescription is a felony crime in Florida. If you’ve been charged with possession of a controlled substance, you need an experienced criminal defense attorney on your side.
Rahul Parikh is an Orlando Xanax possession lawyer who has successfully defended multiple clients against drug charges. Call today to speak to one of the top criminal lawyers in Orlando.
Types of Drug Possession Charges
One of the most common drug offenses is simple possession of a controlled substance. This means you illegally have some quantity of a drug in your possession. In the case of Xanax, it means that you have one or more pills without a prescription.
Simple possession of Xanax is a third-degree felony punishable by up to five years in prison. However, there are aggravating circumstances that can lead you to be charged with a more serious crime. For instance, if you are arrested with Xanax within 1,000 feet of a school or daycare, you could be charged with intent to distribute near a school. If you’re convicted, you could be facing a minimum of three years in prison.
Even without aggravating circumstances, Xanax possession is a serious crime, and you will need a solid defense to beat the charges. Contact an Orlando Xanax possession lawyer to discuss your case.
What a Prosecutor Must Prove in a Drug Possession Case
To prove a possession of Xanax case, prosecutors must rely heavily on the police officers who took you into custody. The standard of proof is high when it comes to criminal charges. The state must not only show that you were in active or constructive possession of the schedule IV drug without a valid prescription at the time of the arrest, but they also must prove that all aspects of their investigation were legal.
A criminal defense attorney will review all aspects of the case, including the probable cause affidavit, the police report, and their handling of the evidence.
Defending Your Possession of a Controlled Substance Case
If you’ve been charged with possession of Xanax, it may help to know that there are many approaches that Orlando drug crime lawyers can use to dismantle the prosecutorial case. Here are some of the most common defenses that Orlando Xanax possession lawyer Rahul Parikh uses to win in court.
Whether you’re driving, walking, or just hanging around somewhere, the police need a valid reason to stop you. If the police stop you without a legally valid reason, any evidence they uncover that indicates possession of Xanax pursuant to that stop is inadmissible.
Illegal Search and Seizure
To search a person, a purse, a vehicle, or a room, the police require a search warrant, or they must show that there was a reasonable suspicion to search. For example, they can claim that they found controlled substances after arresting you for another crime or they were inventorying your vehicle for a tow.
Unfortunately, some police officers will use these reasons to justify an illegal search and seizure. An Orlando drug possession lawyer like attorney Parikh can often demonstrate that the police violated your right in a motion to dismiss. If the search is proven to be illegal, the prosecutorial case loses its potency.
Xanax and other prescription drugs are legal for medical use. Many doctors prescribe Xanax for panic disorders. While you should always have proof of your prescription with you, people make mistakes. Most prosecutors are reasonable when it comes to an error of this nature. If you can show that you had a valid prescription for Xanax at the time of your arrest, an Orlando drug possession lawyer can approach the prosecutor to get the charges dropped.
These are just a few of the defenses that Orlando drug crime lawyers can use to beat a drug charge.
Florida’s Penalties for Xanax Possession
Under Florida law, alprazolam is a schedule IV drug, which makes possession of Xanax a third-degree felony, punishable by up to five years in prison. There is, however, no trafficking charge for possession of Xanax as there is with marijuana, cocaine, and heroin.
If the prosecutor convicts you of these criminal charges, you can spend up to five years in prison or serve five years probation or a combination of the two. In addition, a conviction could mean $5,000 in fines, a six-month suspension of your driver’s license, and participation in a drug program. If you’re a U.S. citizen and have a felony conviction, you may be stripped of your right to vote or possess a firearm, as well. If you’re facing criminal charges for possession of Xanax or other prescription drugs, talk to a drug crime lawyer in Orlando today.
Frequently Asked Questions About Xanax Possession
Crimes involving prescription drugs, controlled substances, and other drug-related charges can have severe consequences. You should schedule an appointment with drug possession attorney Rahul Parikh of the Parikh Law Firm to discuss your drug-related charge.
Here are some of the most common questions attorney Parikh hears from clients with prescription drug charges.
Is Xanax possession a felony?
Yes. If you are convicted, you could be sentenced to prison, and you will have a felony drug charge on your criminal record.
How does pretrial intervention work with Xanax?
If you have no prior drug arrests, a criminal defense attorney may be able to get you into a pretrial intervention program. If you meet the criteria, you must complete a drug program, and your charges will be dismissed.
Get Legal Help for a Drug-Related Charge
Illegally possessing a prescription drug is a felony crime in Florida. If you’ve been charged with possession of alprazolam, contact Orlando attorney Rahul Parikh today of the Parikh Law criminal defense law firm.