Boston Criminal Defense Lawyer Blog
If Boston police arrest you with prescription pills that are not in your name, you may face serious criminal charges under Massachusetts law. Even though many people view prescription medications differently from street drugs, the law treats unauthorized possession just as seriously. Whether the drug is oxycodone, Adderall, Xanax, or another controlled substance, being caught without a valid prescription can lead to criminal penalties, including fines, probation, or even jail time.
Under Massachusetts General Laws chapter 94C, possession of a controlled substance without authorization is a criminal offense. Prescription medications fall into different classes, and the penalties depend on the type of drug, the amount involved, and whether prosecutors allege intent to distribute. That means simply carrying a few pills in your pocket could result in a possession charge, while larger amounts or packaging may lead to distribution allegations.
Understanding the Charges You May Face
Possession of prescription drugs without a prescription is prosecuted under the same statutes that cover illegal narcotics. Some prescription medications fall into Class B, including Adderall and oxycodone. Others, like Xanax, are in Class C. The classification matters because it determines the possible penalties. A first offense for simple possession might involve probation or a mandatory drug education program. Repeat offenses or larger quantities can result in harsher penalties, including potential incarceration.
Prosecutors may also add related charges if you had the drugs in circumstances suggesting intent to sell or share. Carrying them in multiple bags, holding a large supply, or possessing large sums of cash could be used against you. That distinction between possession and distribution often changes the case entirely, raising the stakes for your defense.
How Police Investigations Affect Your Case
Police often find prescription medications during traffic stops, searches of bags, or investigations into other incidents. In Boston, arrests for these drugs sometimes stem from routine stops on the MBTA or street-level encounters. The legality of how the pills were discovered can be central to your defense. If the search violated your rights under Article 14 of the Massachusetts Declaration of Rights or the Fourth Amendment to the U.S. Constitution, your attorney can seek to suppress the evidence. Suppressing the evidence may lead to dismissal of the charges entirely.
Defenses That May Apply to Your Case
Your defense depends on the facts, but several arguments are common in prescription drug cases. You may have had a valid prescription, but not the documentation with you at the time. The drugs might have been misidentified or actually belonged to someone else. You may have been stopped illegally, meaning the evidence should not be admitted in court. An experienced criminal defense attorney will review the facts, examine the police report, and challenge the prosecution’s ability to prove every element of the crime.
The Serious Collateral Consequences of a Conviction
Even if the court imposes probation instead of jail, a drug conviction creates lasting problems. It may affect your ability to obtain employment, housing, or certain professional licenses. For noncitizens, it can create immigration consequences. That is why you must take every prescription drug charge seriously, even if it seems minor. A strong defense can protect not only your immediate freedom but also your long-term future.
Speak to a Boston Criminal Defense Attorney About Prescription Drug Charges
If you were arrested in Boston for possession of prescription medication without a valid prescription, you should not face the situation alone. The penalties can be severe, and the long-term consequences may extend well beyond the courtroom. At the Law Office of Patrick J. Murphy, we have decades of experience defending clients against drug charges in Massachusetts.
Call (617) 367-0450 today to schedule a free consultation. We will review your case, explain your options, and fight to protect your rights.