24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

Queens Oxycontin possession lawyers

March 21, 2024 Uncategorized

OxyContin is the brand name for oxycodone. It is one of the most abused narcotic drugs in New York City. It is an opioid, and it is intended to relieve moderate to severe pain, but it is also highly addictive. It is classified as a federally controlled schedule II controlled substance. An overdose of OxyContin can result in respiratory failure and death.

Obtaining OxyContin
If a person is persistent, it isn’t terribly difficult to obtain OxyContin. Doctor shopping might be the easiest way. Other ways of obtaining the narcotic are through forged prescriptions, stolen prescriptions or on the street. Some doctors even knowingly participate in the illegal distribution of OxyContin.

Penalties for Illegal Possession of Oxycontin
Pursuant to New York Penal Law section 220.03, the lowest possible charge for possession of a small amount of OxyContin is a class A misdemeanor. Class A misdemeanors in New York are punishable by up to one year in jail and a fine not to exceed $1,000. Possession of any amount of OxyContin of one-eighth of an ounce or more triggers a class D felony charge that is punishable by up to seven years in a state prison. Possession of one-half of an ounce upgrades the charge to a class C felony that carries a prison term of up to 15 years. A class B illegal possession of OxyContin charge will be punishable by up to 25 years in prison. Illegal possession of four ounces or more of OxyContin can be punished by a sentence of life in prison.

Constructive Possession of OxyContin
An individual need not have an illegal drug on his or her person in order to be in possession of it. If it is possible for a person to exercise dominion and control over an illegal drug, he or she might still be found guilty of possessing it constructively. Constructive possession might occur if a person is in the same vehicle or room where an illegal drug is found.

Illegal Delivery of Oxycontin
A charge of selling, delivering or distributing OxyContin is a far more serious charge than possession of it. These types of charges are all felonies, and a dealer can be charged separately for each offense. The minimum sentence that an OxyContin dealer might face would be is a class B felony carrying the possibility of 25 years in prison. The sale of one-half of an ounce of OxyContin is a class A-II felony carrying the possibility of life in prison.

Possession With The Intent to Sell
Like any other illegal drug, a person can be charged with possession of OxyContin with the intent to sell it. Whether or not a person possesses OxyContin with the intent to sell it can be inferred from the circumstances. For example, possession of 10 individually packaged bags of the narcotic containing 50 capsules each of the drug would carry a strong inference.

Physicians and Pharmacists
Pursuant to New York Penal Law section 220.65, even doctors and pharmacists can be criminally charged in connection illegally for selling a prescription for OxyContin that was not issued in good faith during the course of their employment or profession. criminal sale of a prescription is a class C felony. Doctors and pharmacists can expect licensing issues after any conviction.

Upon an arrest, don’t give police any type of a statement or confession. They will only be used against you in efforts to convict you. Contact our Queens OxyContin possession lawyers right away instead. You can arrange for a free consultation and case review. We are going to listen to you carefully and answer your questions. After we have examined all of the evidence, we will advise you of your legal options. Even if you are guilty of the offense, sentencing alternatives are available, especially if you are a first time offender. Our objective is to protect your future. Exercise your right to remain silent and right to the attorney of your choice. Contact us as soon as possible after any drug arrest.

Don’t deal with Queens Oxycontin possession lawyers alone. Speak to the Spodek Law Group today.

Oxycontin is one of the most abused prescription drug in the U.S. Persons found to be in possession of this prescription drug without a doctor’s prescription risk being charged with illegal possession of Oxycontin. This highly addictive drug is often prescribed to patients suffering from chronic pain which the physician has determined cannot be managed with any other pain relieving medication. Being addictive in nature, Oxycontin is prone to be misused by patients whose legal prescriptions run out before the time for their refill comes.

Why is Oxycontin regulated

Oxycontin is regulated because of its addictive nature. Some people have found an alternative use for this addictive pain reliever. Some users crash the tablets and snort the powder the way cocaine users snort cocaine. Others melt the tablets and inject themselves with the liquid to get high. This is clearly an abuse of the pain relief medication that is meant to relieve chronic pain. Oxycontin addiction can lead users to go for heroin which is cheaper and readily available on the streets than Oxycontin.

Common charges associated with illegal possession of Oxycontin

If you are arrested for illegal possession of Oxycontin, you are likely to be charged with any of the following:

• Illegal possession of Oxycontin.
• Prescription fraud.
• Oxycontin distribution, drug selling or Oxycontin trafficking.
• Theft of prescription tablets and pads.
• Possession with intent
• Driving under the influence of Oxycontin

If you have been charged with any of the charges listed above, you need not worry. Our Queens Oxycontin possession lawyers will work tirelessly to ensure that your legal rights are protected. Our attorneys will mount a spirited defense to ensure that you get the least severe punishment for the federal crimes associated with possession of this addictive drug.

What to do when arrested for possessing the illegal drug

In the event that you have been arrested for possessing Oxycontin, the first step will be to shut up and refuse to divulge any information to investigators until your lawyer is present. Often times, people incriminate themselves with what they say even after being reminded by the arresting officer that they have the right to remain silent. So, if you are arrested, please heed the advice of the arresting officer and exercise the right to remain silent. Another important right is that in which you are allowed to contact your attorney. You need to exercise this right too and callone of our experienced Oxycontin possession lawyers who will evaluate your case and determine the chances of you winning the case.

How to fight Oxycontin possession

There are three main ways by which our experienced attorneys can help you fight the Oxycontin possession charge:

i. Challenge the means by which the addictive medication was discovered. Your lawyer can argue that the means used to obtain the evidence was illegal. If an officer stopped you and you can prove that the officer did not have justifiable reasons to stop you, you can argue that the officer lacked probable cause and as thus, any evidence gathered during this illegal act can be deemed inadmissible because, without probable cause, the officer must have a valid search warrant before searching your car.
ii. You can argue for constructive possession. In citing this as the reason why the drug was found on you, you can argue that the drug did not belong to you. Maybe there was a raid at a party that you had attended or the police raided an apartment owned by your friend and found the drugs in the house, your attorney can argue for constructive possession and if this sails through, the case might be dropped for lack of proof of possession.
iii. Your attorney can request that you be allowed to join the diversion program if the jurisdiction where your case is being heard allows for this option.

Parting Shot:

If you have been arrested for Oxycontin possession, contact a Queens Oxycontin possession lawyer at our firm who is ready to help.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now