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Last Updated on: 18th October 2023, 09:02 am
Getting charged with criminal diversion of prescription medications can be scary. But their are options and defenses. This article will give you the information you need to understand the charges, potential penalties, and legal options if you are facing accusations of prescription diversion.
Prescription diversion is when someone gives away, sells, or otherwise transfers thier prescription medications to another person illegally. It’s also considered diversion if someone obtains extra prescriptions from multiple doctors with the intent to distribute or misuse the medications.
Some examples of prescription diversion include:
Even if your intent seems harmless–like helping out a friend–diversion is illegal. The penalties can be severe depending on the circumstances.
Prescription medications are controlled substances. That means thier distribution is regulated by law. Diversion circumvents these laws and can be dangerous. Diverted drugs often end up in the hands of people they weren’t prescribed for. This raises the risk of misuse, addiction, overdose, and other harm.
Different classes of prescription drugs have different diversion laws. But in general, transferring your prescriptions to someone else is illegal without proper medical supervision.
The specific penalties for diverting prescriptions depend on:
-What medication you diverted
-The quantity diverted
-Your criminal history
-The jurisdiction you are charged in
But potential penalties often include:
Penalties tend to be harsher if:
-You diverted opioids, stimulants, tranquilizers or other high-risk drugs
-You diverted large quantities for profit
-You have a previous record
But even “minor” diversion like sharing a few pills with friends can lead to criminal charges in many states.
Being accused of prescription diversion can be scary. But the first step is simple – don’t panic! There are options and defenses. Here’s what to do next:
With an experienced attorney, many diversion cases can result in reduced or dismissed charges. Don’t go it alone.
While every case is different, some possible defenses to explore with your lawyer include:
Prosecutors must prove you knowingly and intentionally diverted medications illegally. Your lawyer may argue you lacked criminal intent – for example:
If police pressured you into committing diversion, your rights may have been violated. This is called entrapment. Other diversion defenses focus on technical errors or violations in how your case was handled.
Challenging procedural mistakes can sometimes lead to suppressed or thrown out evidence.
If addiction or dire medical need motivated your diversion, treatment-based diversion programs or necessity defenses may apply. This requires proof of actual necessity.
Each state handles diversion a bit differently. But the general process often includes:
An experienced lawyer can help negotiate the process and achieve the best outcome given your charges.
Don’t go through diversion charges alone. The right lawyer can make all the difference. Look for an attorney with experience handling prescription diversion cases in your area. Key credentials to consider include:
Also look for good client communication skills and someone you feel comfortable with. Diversion charges are complex, but the right lawyer can help put together the strongest defense.
The consequences after a diversion case depend on the outcome. Possible scenarios include:
Any diversion conviction remains on your record. Expungement may be possible after a period of time. Your lawyer can advise you on restoring your rights.
A few key takeaways about prescription medication diversion:
Prescription diversion laws are complex. But with the right guidance, many individuals avoid the harshest penalties. If you or a loved one are facing diversion accusations, don’t go it alone. Consult with a lawyer right away.
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