Prescription Drugs

Prescription Drug Charges? The Expert Legal Defense Strategies We Use to Protect Your Future

Facing prescription drug charges can have dire consequences, impacting your job, home, and family. At Erkan & Sullivan, P.C., we recognize the seriousness of these charges and are dedicated to providing the most effective defense possible. Whether you are accused of illegally purchasing, possessing, or selling prescription medications, we are here to protect your future.

Understanding Prescription Drug Charges

Who is Affected?

Prescription drug crimes affect people from all backgrounds. These charges can impact anyone, from healthcare professionals to everyday citizens. The repercussions of a conviction extend far beyond the courtroom, influencing your employment, housing, and financial aid opportunities.

Types of Prescription Drug Offenses

• Illegal Possession: Having prescription drugs without a valid prescription.
• Illegal Purchase: Buying prescription drugs without a valid prescription.
• Illegal Sale: Selling or distributing medications that were prescribed to you.

Possession and purchase are prosecuted under G.L. c. 94C, section 34. Sale and distribution depend on the class of drugs at issue. G.L. c. 94C, section 32 (class A), G.L. c. 94C, section 32A (class B), G.L. c. 94C, section 32B (class C), G.L. c. 94C, section 32C (class D), and G.L. c. 94C, section 32D (class E).

Commonly Abused Prescription Drugs

• Class C Drugs: Medications for pain and anxiety, such as Vicodin, Ativan, or Valium.
• Class B Drugs: Oxycodone or OxyContin.
• Class E Drugs: Over-the-counter medications in large quantities, such as codeine-based cough syrups, certain muscle relaxants, and anabolic steroids.

G.L. c. 94C, section 31 is the statute listing the different classes of drugs.

The Consequences of Prescription Drug Charges

Criminal Penalties

Prescription drug charges can result in severe penalties. A first offense can be charged as a felony, leading to:

• Loss of Employment: Many employers conduct background checks and may terminate employees with felony convictions.
• Loss of Housing: Landlords may refuse to rent to individuals with criminal records.
• Loss of Financial Aid: A felony conviction can disqualify you from receiving financial aid for education.

A second offense involving the sale of prescription drugs can lead to a minimum of three and a half years in state prison. Avoiding a first conviction is crucial to preventing harsher penalties for subsequent offenses.

Immigration Consequences

Prescription drug charges can have serious immigration consequences, whether you are a legal permanent resident or undocumented.

Legal Permanent Residents

For legal permanent residents (LPRs), these charges can lead to:

• Deportation: Convictions for drug offenses, including prescription drug crimes, are considered aggravated felonies, making an LPR deportable.
• Inadmissibility: Convictions can render an LPR inadmissible, affecting their ability to re-enter the U.S. after travel abroad or to apply for naturalization.
• Loss of Status: Multiple convictions or a conviction for a particularly severe offense can lead to the loss of LPR status.

Undocumented Immigrants

For undocumented immigrants, the consequences are even more severe:

• Deportation: Any conviction for prescription drug crimes can result in immediate deportation.
• Ineligibility for Relief: Convictions can make an undocumented immigrant ineligible for various forms of relief, such as asylum or cancellation of removal.
• Permanent Bar to Re-entry: Convictions can lead to a permanent bar from re-entering the U.S.

Why Choose Erkan & Sullivan, P.C.?

When facing prescription drug charges, having experienced and strategic legal representation is essential. Here’s why Murat Erkan and Ryan P. Sullivan are uniquely equipped to handle these complex cases:

Extensive Experience and Deep Knowledge

• Murat Erkan: With over twenty-six years of trial experience, including time as a prosecutor in Essex County, Murat has a deep understanding of prosecutorial tactics. This insight allows him to anticipate and counteract prosecutorial strategies effectively.
• Ryan P. Sullivan: Ryan’s award-winning tenure as a prosecutor in the Middlesex County District and Superior Courts has given him an insider’s perspective on prosecutorial methods. His transition to criminal defense allows him to identify and exploit weaknesses in the prosecution’s case, particularly in prescription drug cases.

Personalized Defense Strategies

• Murat Erkan: Murat’s approach to each case is tailored to dismantle the prosecution’s arguments using his extensive courtroom experience. His prosecutorial background is a crucial asset in fighting prescription drug charges.
• Ryan P. Sullivan: Ryan’s aggressive defense tactics and thorough understanding of drug laws make him a formidable advocate. His ability to meticulously analyze and challenge evidence, along with his strategic negotiation skills, ensures a strong defense.

Proven Track Record of Success

Both Murat and Ryan have a history of securing favorable outcomes in prescription drug cases. Their expertise and strategic acumen have led to numerous dismissals, reductions in charges, and successful plea negotiations.

Defense Strategies for Prescription Drug Charges

Our approach to defending against prescription drug charges is multifaceted and tailored to each client’s unique situation. Here are some of the specialized strategies we employ:

Suppression Motions

Suppression motions are a powerful tool in defending against drug charges, aimed at excluding evidence obtained through illegal means.

• Illegal Searches: If law enforcement conducted a search without a valid warrant or probable cause, any evidence obtained during that search can be suppressed.
• Violation of Rights: If your Fourth Amendment rights were violated during the investigation or arrest, we can file a motion to suppress any evidence obtained as a result. Suppression motions can lead to the dismissal of the case if the prosecution’s key evidence is excluded.

Challenging Intent to Distribute

Proving intent to distribute rather than personal use is a significant burden for the prosecution. We employ several strategies to challenge this intent:

• Quantity of Drugs: We argue that the quantity of drugs found was consistent with personal use rather than distribution. This can be particularly effective if the amount is just over the threshold for personal use.
• Lack of Distribution Paraphernalia: We highlight the absence of items typically associated with distribution, such as scales, baggies, and large amounts of cash.
• Client’s Personal Circumstances: We present evidence of the client’s personal drug use history, demonstrating that the drugs were intended for personal use rather than distribution.

Contesting Knowledge, Ability, and Intent

In many cases, the prosecution must prove that the defendant had the knowledge, ability, and intent to exercise dominion and control over the drugs. We challenge these elements by:

• Mere Presence Defense: We argue that the defendant’s mere presence at a location where drugs were found does not prove possession or control. This is particularly relevant in cases where drugs were found in a shared space, such as a car or apartment.
• Lack of Evidence of Control: We demonstrate that there is no evidence to show the defendant had control over the drugs. This can involve questioning the credibility of witnesses or co-defendants who may have a motive to implicate our client.
• Alternative Explanations: We provide alternative explanations for the defendant’s presence at the scene, such as visiting friends or being in the wrong place at the wrong time.

Strategic Negotiations: Securing Favorable Outcomes

While our primary goal is to have charges dismissed or reduced, achieving a favorable plea bargain in serious prescription drug cases requires exceptional negotiation skills and a deep understanding of the legal landscape.

Continuance Without a Finding (CWOF)

A Continuance Without a Finding (CWOF) is an effective resolution in drug cases (for US citizens, not immigrants because it can trigger immigration consequences). A CWOF allows the defendant to admit that the evidence is sufficient for a finding of guilt, but instead of entering a conviction, the court continues the case for a specified period (usually six months to a year). During this period, the defendant must comply with certain conditions, such as:

• Probation: The defendant must meet regularly with a probation officer and comply with all probation terms.
• Drug Testing: Regular drug testing to ensure the defendant is not using illegal substances.
• Treatment Programs: Participation in drug education or treatment programs as required.

If the defendant successfully complies with these conditions, the case is dismissed at the end of the continuance period, and no conviction is recorded. This can be particularly beneficial for avoiding a criminal record. However, obtaining a CWOF for serious drug charges requires exceptional negotiation skills and a thorough understanding of the legal system.

General Continuance

Another potential resolution is a general continuance. In this arrangement, the court agrees to continue the case for a set period without a finding or admission of guilt. During this time, the defendant may need to:

• Stay Out of Trouble: Avoid any new criminal charges.
• Community Service: Complete a certain number of community service hours.
• Compliance with Court Orders: Follow any additional court-imposed conditions.

If the defendant meets these conditions, the charges may be dismissed or reduced at the end of the continuance period. A general continuance can help avoid the immediate consequences of a conviction and provide the defendant with an opportunity to demonstrate good behavior. Negotiating a general continuance for serious drug offenses requires a strategic approach and the ability to persuade the prosecution and the court of the defendant’s commitment to rehabilitation and compliance.

Drug Treatment Programs Under MGL 111E

Massachusetts General Laws Chapter 111E provides an option for individuals charged with drug offenses to enter a treatment program instead of facing traditional criminal penalties. This can be particularly beneficial for those struggling with addiction. The court may order participation in a drug treatment program, which can include:

• Inpatient or Outpatient Treatment: Depending on the severity of the addiction and the specific circumstances of the case.
• Counseling and Support Services: To address the underlying issues contributing to substance abuse.
• Regular Drug Testing: To ensure compliance with the treatment program.

Successful completion of a treatment program under MGL 111E can lead to the dismissal of charges, providing a path to recovery and avoiding the long-term consequences of a conviction.

Place of Offense:

The state’s focus on over-policing urban and economically disadvantaged communities means that most drug prosecutions happen in diverse urban centers like Worcester, New Bedford, Brockton, Lawrence, Boston, Lynn, Lowell, Fall River, Chelsea, Haverhill, Malden, Framingham, and Woburn. However, this doesn’t mean that smaller towns such as Newton, Andover, Concord, and Ayer escape strict drug enforcement policies. Moreover, towns situated along major highways, such as Sturbridge and Leominster, also face increased levels of enforcement.

Contact Erkan & Sullivan, P.C. Today

If you or a loved one is facing prescription drug charges in Massachusetts, don’t wait to seek legal help. The sooner you contact us, the better your chances of achieving a favorable outcome. At Erkan & Sullivan, P.C., we are dedicated to fighting for justice and ensuring that your rights are protected.

At Erkan & Sullivan, P.C., we believe that everyone deserves a strong defense. Our team is committed to providing the highest level of legal representation to those caught in the grips of the criminal justice system. Remember, you are not alone. With our secrets to beating prescription drug charges, we stand ready to fight for you every step of the way.