Cape Cod Oxycontin Possession Defense Attorney
Are you or someone you love facing drug charges related to possession of Oxycontin? James Powderly is here to help. Being caught with Oxycontin can have serious consequences. The public outcry from deaths related to Oxycontin, and the opioid crisis in general, has caused many prosecuting attorneys to seek harsh punishments for offenders and abusers of Oxycontin. Depending on the circumstances, you could be looking at jail time, a fine, or both for possession of Oxycontin. In some instances, however, even if you were in wrongful possession of Oxycontin, you may be able to receive a less harsh punishment by plea bargaining or making a deal. This legal process can be tricky and is best left to experienced attorneys. Cape Cod Oxycontin possession defense lawyer James Powderly has handled countless drug possessions charges and has been able to help mitigate many clients’ punishments. If you have been charged with possession of Oxycontin, call James Powderly today at (508) 343-0676 so that we can give you the help you need.
Why Choose Us?
Attorney James Powderly has been practicing criminal defense law in Cape Cod for over 10 years. During those years, he has taken over 100 cases through a full trial and has gotten not guilty verdicts for many of his clients, even those charged with serious crimes. With James Powderly you will be treated with respect by an attorney who will fight for your rights. James Powderly is highly awarded. He has been named one of the top 40 attorneys under 40 by The National Trial Lawyers, has been recognized as one of the nations top 1% by the National Association of Distinguished Counsel, has appeared as a Massachusetts Rising Star in Super Lawyers Magazine from 2013-2015, and been distinguished as one of Massachusetts “Ten Best” by American Institute of Criminal Defense Attorneys.
Being charged with possession of Oxycontin can result in serious punishments, but having the right attorney on your side can help mitigate the consequences. Do not let Oxycontin possession mar the rest of your life and rob you of your future. If you or someone you love is in trouble with the law for possession of Oxycontin, dial (508) 343-0676 today to speak with James Powderly.
Possession of Oxycontin in Cape Cod
Possession of Oxycontin in Cape Cod carries with it serious punishments that can include substantial fines and jail time. The strict laws around Oxycontin stem from Massachusetts’s legislative efforts to cut down on unintentional opioid overdoses and deaths. Over the years, the number of deaths from unintentional overdoses has increased rapidly. In 2000, there were 338 deaths, and by 2014, there were 1,173 deaths due to overdoses.
Oxycontin is a controlled substance. Generally speaking, any drug that is a controlled substance is illegal. There are, however, exceptions to this general rule, as some controlled substances are used for medical purposes and can be prescribed by doctors and sold to the general public. Accordingly, in some instances, the possession of Oxycontin is okay if it was prescribed to you by your doctor. However, possession of Oxycontin that was not prescribed directly to you is illegal and punishable by fines and imprisonment.
Under Massachusetts law, in order to be convicted of possession of Oxycontin, the prosecuting attorney must prove beyond a reasonable doubt two things:
- That you knowingly or intentionally possessed a controlled substance
- The substance was indeed a controlled substance by law
To prove possession, the prosecution must establish actual or constructive possession. Actual possession means that the substance was in your control. Constructive possession means that you had the ability to control, and had the intention to control, the substance. For example, a person looking to buy a controlled substance who is with the seller and has given their money to the seller, but is just waiting for the seller to hand over the substance, may be found to be in constructive possession of the substance.
Furthermore, the prosecution must prove that the substance was a controlled substance. There are a number of ways to prove that the substance was actually a controlled substance. If the arresting officer has had training in drug recognition, the prosecution may use the officer’s testimony as proof that the substance was, in fact, a controlled substance. This testimony may be bolstered if the officer has had many years of experience identifying controlled substances. On the contrary, an officer’s testimony may be discredited by a thorough cross-examination from an experienced attorney. The prosecution may also prove that the substance was a controlled substance by a certified report from a police lab. An experienced attorney may also be able to find fault with this evidence by making challenges, such as the chain of custody, or a technical error.
If you are arrested for possession of Oxycontin, it is up to the prosecuting attorney to prove beyond a reasonable doubt that you were in possession of a controlled substance. An experienced attorney can help by creating doubt in the mind of the jury as to whether you were actually in possession of the substance, and whether the substance was actually Oxycontin.
Punishments for Possession of Oxycontin
In the event that you are convicted of possessing a controlled substance, your potential penalties will vary depending on what the substance was, and under what category of controlled substance it falls under per Massachusetts law. Massachusetts law classifies drugs into five substance classes. Oxycontin is considered a class B substance. Possession of a class B substance has the following potential penalties:
Potential punishments for the first-time offense for possession of a class B substance include the following:
- Up to one year in jail
- Up to a $1,000 fine
- Mandatory loss of driver’s license for one year
Potential punishments for the second, or subsequent, offense for possession of a class B substance include the following:
- Up to two years in jail
- Up to a $2,000 fine
- Mandatory loss of driver’s license for one year
Possession of Oxycontin is a serious offense that can have grave consequences immediately, and for your future. However, with the help of an experienced attorney, your outcome may not be so dire.
Contact James Powderly
If you have been charged with possession of Oxycontin, the resulting criminal charges can have serious short-term and long-term penalties. Getting the assistance of an experienced drug crimes defense attorney can help change your outcome. For a free consultation, call James Powderly today at (508) 343-0676. Mr. Powderly has a proven track record of helping clients get the results they need.