Boston Prescription Drug Defense Attorney

With opioid overuse on the rise over the last decade, police and public officials alike have become desperate to eliminate the nation’s prescription drug addiction – which also means a titanic effort to punish anyone accused of prescription drug crimes. When you stand accused of a prescription drug crime, you may face heavy penalties and unfair stigmas, regardless of the truth behind these claims.

Our Boston prescription drug defense lawyer Brad Bailey can stand up for your rights and fight back against overzealous prosecutors. At Brad Bailey Law, we know that being accused of involvement in prescription drug crimes can be overwhelming. You shouldn’t have to face these charges alone, and you are always entitled to a strong and fair defense from a qualified lawyer.

Contact us at (617) 500-0252 
 to review your case with Attorney Brad Bailey and his criminal defense team.

Prescription Drug Classifications in Massachusetts

State-Level Classifications

Like other states, Massachusetts considers prescription medications to be controlled substances, and so the sale, distribution, or possession of any prescribed drug without physician authorization is considered a crime. However, the legal category of the drug and its amount will be the main factors in determining penalties, as well as your alleged level of criminal involvement.

Massachusetts General Laws Chapter 94C, also known as the Controlled Substances Act, classifies drugs in five categories, ranging from the most serious Class A substances down to the weaker Class E substances. Because there are so many varying forms and strengths of prescription narcotics, opiates, and other medications considered dangerous by the state government, your specific charge will depend on what drug you’ve been accused of misusing.

Below are the Massachusetts classifications for some of the most common prescription drugs:

• Class B Substances: Percocet, Percodan, oxycodone
• Class C Substances: Valium, Vicodin, drugs containing hydrocodone, and any other prescription narcotics and tranquilizers
• Class D Substances: Phenobarbital/phenobarbitone
• Class E Substances: Codeine, morphine, opiates

Federal-Level Classifications

Federal drug law, as administered by the Drug Enforcement Administration or DEA, is perhaps even more stringent and unforgiving when it comes to prescription drug crimes. Commonly used medications like Adderall and Ritalin are classified as Schedule II drugs and given harsh sentences.

Some additional prescription drugs included on the federal drug schedules include:

• OxyContin
• Vicodin
• Methadone
• Demerol
• Dexedrine
• Ritalin
• Testosterone
• Steroids
• Ambien
• Atavan
• Xanax
• Robitussin
• Motofen

Penalties for Prescription Drug Offenses

Whether you are facing federal or state-level charges for alleged prescription drug crimes, the consequences can be extremely severe. With a federal charge, you may be looking at mandatory minimum prison sentences even for simple possession of an illegal prescription drug, along with thousands of dollars in fines.

State charges can also be very serious, with first time offenders facing at least 1 year of jail time for possessing almost any class of restricted prescription drug, and more consequences for possession with intent to distribute. Additionally, a conviction for any drug charge in Massachusetts can bar you from obtaining various professional licenses and receiving a license to carry firearms.

Prescription fraud charges often involve complex legal questions about medical necessity, doctor shopping, or alleged forgery, and they may be prosecuted in either the Massachusetts court system or the U.S. District Court in Boston. A conviction for prescription fraud can have long-term effects on employment and personal reputation, beyond just the criminal penalties imposed by the courts. In these cases, having a prescription fraud attorney Boston residents can rely on is crucial for navigating the intricate legal procedures unique to each jurisdiction.

• Impact on future employment: A drug-related conviction can appear in background checks and affect professional licensing.
• Immigration status concerns: Non-citizens may face immigration consequences due to certain controlled substance offenses.
• Loss of privileges: Convictions may restrict the ability to obtain certain state-issued licenses, such as for healthcare or pharmacy work.
• Court-ordered treatment: Some sentences may include mandatory drug counseling or rehabilitation, especially in Suffolk County courts.

Defenses Against Prescription Fraud Charges in Boston

Understanding defense options is vital if you are charged with prescription fraud in Massachusetts. Prescription fraud cases often involve unique circumstances, and the specific details can greatly influence the strength of the defense available to you. A key part of your defense is raising questions about how evidence was handled and whether your actions were truly intentional or the result of a misunderstanding.

In Boston courts, including Suffolk Superior Court and the Boston Municipal Court, prosecutors must prove that any alleged fraud was knowing and willful. This means it is possible to challenge the prosecution's claims by demonstrating legitimate medical reasons, highlighting errors in documentation, or uncovering flaws in how law enforcement obtained and processed evidence. Working with a prescription fraud lawyer Boston residents rely on can help ensure that every potential mistake in the government’s case is thoroughly reviewed.

• Challenging intent: Showing that you did not knowingly or willfully provide false information or alter a prescription.
• Demonstrating a legitimate medical purpose: If you had a valid prescription or medical condition needing treatment, this might support your defense.
• Highlighting procedural errors: Identifying how law enforcement may have failed to follow Massachusetts General Laws in obtaining evidence or making an arrest.

A thorough review of your case by an attorney experienced with both local and federal courts can provide you with practical options and a realistic understanding of the risks and opportunities ahead. Each situation is different, but being proactive and informed is a crucial first step in mounting an effective defense.

Contact a Committed Criminal Defense Attorney in Boston

When you’ve been charged with any crime relating to illegal prescription drugs, you will need an attorney who is well-versed in complex state and federal sentencing guidelines. Our Boston drug crimes attorney Brad Bailey has more than 35 years of legal and trial experience, and has proven himself on more than 300 federal cases and over a hundred jury trials. Attorney Bailey and our entire team can fight on your behalf, and strive to find a favorable outcome. 

Choosing the right prescription fraud lawyer Boston clients recommend can make all the difference when the stakes are high. Each case presents its own set of details, and a tailored defense may involve challenging the evidence, negotiating alternatives to conviction, or presenting mitigating circumstances unique to the accused’s history or medical needs. Local experience with courts like the Boston Municipal Court and Suffolk Superior Court can offer advantages in defending against prescription fraud accusations.

Call us now at (617) 500-0252 for a confidential consultation, or message us online.