Search

Articles Posted in Drug Crimes

by

I was pulled over by the police, and they found medication in the car. I got the pills from a friend who has a prescription, but the prescription is not in my name. I’m taking the medication to treat a health condition I have. Can I face criminal liability for this?

prescription drugs

Yes. As most people are aware, under Florida Statute 893.13 it is illegal to have a controlled substance in your possession unless that controlled substance is prescribed to you by a licensed practitioner providing you with medical treatment.  Common controlled substances include but are not limited to amphetamines such as Adderall, benzodiazepines such a Xanax, and narcotics, including oxycodone, hydrocodone, methadone, and morphine. Possession of a controlled substance without a prescription is a third-degree felony punishable by up to five years in prison and a $5,000.00 fine.  Continue reading

by

I want to get a prescription for this medication that I am taking illegally…

illegal prescription drugs

I have been using a narcotic medication that I’ve gotten from friends, but I do not have a prescription myself. I realize that being in possession of this medication without a prescription is illegal and I could face criminal charges, so I want to try to get a prescription from my doctor. If I tell my doctor the right things that they need to hear, whether or not it’s true, to get a prescription, will I be safe from criminal charges?

Most people realize that being in possession of a controlled substance without a prescription is illegal. What people often do not realize is that there are also laws in Florida that make it illegal to obtain or attempt to obtain a prescription for a controlled substance by making false statements or misrepresentations, committing fraud or forgery, or through deception. This makes it illegal to lie to a doctor to obtain a prescription for a controlled substance. It is also illegal in Florida to withhold information from a practitioner who is prescribing you a controlled substance that you have already received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous thirty (30) days. This is intended to prevent “doctor shopping,” or the practice of obtaining multiple prescriptions from multiple doctors within the same timeframe. Continue reading

by

Yes. There are several ways under current Florida law for a physician to face criminal liability for illegally prescribing Pill Mills with OxyContinor trafficking controlled substances. Physicians can be held criminally liable for prescribing controlled substances without conducting proper medical examinations, writing a prescription for a controlled substance if the sole purpose is to provide a monetary benefit to the physician, possessing a building or structure (the clinic  or office) for the purposes of trafficking a controlled substance, writing a prescription for a fictitious person,  and assisting someone in obtaining a prescription for a controlled substance through deceptive, untrue, or fraudulent representations, or through employing a trick or scheme. All of these charges are felonies, and a physician will often be charged with several of the above-mentioned criminal offenses if they’re engaged in illegally prescribing controlled substances. Continue reading

by

Voters in Florida recently passed an amendment to the Florida Constitution, known as the Florida Medical Marijuana Legalization Initiative, legalizing medical marijuana within the state. Medical marijuana is no different in substance from traditional marijuana, it is merely used for medicinal treatment purposes while under the care of a health professional. Advocates in favor of the legalization of medical marijuana believe it can relieve the symptoms and pain associated with a wide range of medical conditions. Despite this recent change in Florida Law, the possession, sale, and trafficking of marijuana for purposes not within the medical exception remains illegal.

If an individual is stopped by law enforcement for a traffic violation while in possession of marijuana and explains he has it because he’s sick or has a condition he feels marijuana provides therapeutic benefits for, can he face criminal liability? Yes.
Continue reading

Client Reviews
★★★★★

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

 Earl from Mesquite
★★★★★
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECCOMEND. Marcela Giorgi
★★★★★
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
★★★★★
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink
View More
Submit a Law Firm Client Review
Contact Information
Main Office
250 E Colonial Dr #303
Orlando, FL 32801
Phone: 407-872-0307
Tavares Office
315 N New Hampshire Ave #100
Tavares, FL 32778
Phone: 352-787-2101

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2024, Adams, Luka, & Benton, P.A.
JUSTIA Law Firm Blog Design