However, this post will deal with possession of Oxycodone, namely in Miami and Broward since that is where I practice criminal defense.
Simple possession of Oxycodone is a 3rd-degree felony punishable by up to 5 years in state prison. Since mandatory minimum prison sentences apply to trafficking charges, the amount in possession must be under 4 grams, or else it may be considered trafficking.
Also, the evidence must show that the accused person did not intend to sell the pills. Evidence of a sale can be shown by the way the product is packaged. Typically, individually-packaged pills are more consistent with the sale of Oxycodone than just the possession of it.
A pill or two in your pocket can be enough for the State Attorney's Office to charge you with possession of oxycodone. However, if you have a valid prescription, you cannot be criminally charged.
If you do not have a prescription, you may have a number of options available. If you are a first-time offender, you may be eligible for Drug Court. As a Miami criminal attorney and Broward criminal attorney, I have been successful in getting clients into Drug Court, as well as helping them to complete it. The best part about drug court is that you may be eligible to have your record sealed or expunged once you have completed the program. This is an excellent way to avoid a criminal record.
Other options available may be a withhold of adjudication, with no probation to follow. You will only be responsible for court costs. This will leave you with a criminal record (although not a felony conviction), however, if this is your first offense, you may be eligible to have your record sealed, as possession of oxycodone is a qualifying offense.
I stress the importance of cleaning your record. It is a service I make available to all of my clients. Any criminal defense attorney should also be an expungement attorney. I do expungements in both Miami and Broward, as well as statewide.
If you have prior felony convictions, you may be able to get credit for time served as a sentence in exchange for a guilty or no contest plea. This will leave you with a felony conviction that cannot be sealed or expunged. Furthermore, a conviction for possession of oxycodone will cause the Department of Highway Safety and Motor Vehicles (DHSMV) to suspend your driver's license for a period of 2 years.
Possession of oxycodone is not as serious as trafficking, but it is a felony offense. All felonies carry the possibility of prison time. If you or someone you know has been charged with possession of oxycodone, contact my office today.