With the recent news craze regarding "pill mills," the Miami-Dade Police and the Broward Sheriff's Office have cracked down heavily on possession of OxyContin, and other prescription drug crimes.
A "pill mill" is a pain clinic, doctor's office, or hospital, that gives out prescriptions without medical merit. In other words, someone who is not truly in need of these painkilllers can walk into one of these pill mills and obtain prescription drugs.
A number of these painkillers are included in this law enforcement sweep. Prescriptions such as morphine, codeine, and Percocet, can subject a person to arrest and prosecution should they not have a prescription. But oxycodone (known by its trade name OxyContin), is by far one of the most strictly regulated substances in the entire State of Florida. In Miami and Broward, the State Attorney's Office will seek harsh penalties against those who allegedly traffic in the substance. Mandatory minimum prison terms and large firms may apply.
For simple possession, though, there is no mandatory minimum, but it is a felony of the third-degree, punishable by a maximum of 5 years in state prison.
Now the cops are out there doing what they think must be done in order to get these drugs off the street. The problem is, the cops are often in violation of your civil rights as they attempt to locate these drugs.
If the police violate your civil rights, it doesn't matter what they find. Whether it's just a few pills or a trafficking-sized amount, your civil rights are more important. A good criminal attorney who deals in oxycodone-related offenses will know how to properly evaluate a case to see if there are any issues that can be raised in a motion to suppress.
There are some options for first-time offenders, such as Drug Court. If you do not want to endure a year of Drug Court, your criminal defense attorney may be able to negotiate a "no contest" plea, which does not admit guilt, resulting in a withhold of adjudication (not a conviction), with no probation to follow but only the payment of court costs. If you are a first-time offender, your record will be eligible to be sealed since a withhold of adjudication to a possession-level offense will not disqualify you from having the arrest cleaned from your record. If you participate in Drug Court and receive a dismissal of the charges, you will be eligible to have your record expunged. I am a criminal attorney who always makes it a priority to seal or expunge my clients' records. I believe this is a valuable service and one that should be made available to all who seek a second chance.
In conclusion, possession of oxycodone (OxyContin) is a serious crime, but one that can be dealt with properly by an experienced criminal defense attorney. If you or someone you know has been arrested for any crime involving oxycodone, or any prescription drug, please contact me today so that I may thoroughly analyze the case. I handle these cases exclusively in Miami-Dade and Broward, and as a former Miami-Dade prosecutor, I have seen these charges from both the State and defense side.