What Are Some Defenses for Selling Prescription Drugs?

Prescription drug distribution charges can completely upend lives with devastating penalties like lengthy incarceration and permanent criminal records. However, various legal defenses applied skillfully can potentially achieve charge dismissals or acquittals at trial. When accusations arise, comprehensive investigation of circumstances and key evidence by defense counsel aims to uncover deficiencies and constitutional violations justifying exoneration. While charges are serious, flawed police procedures, illegal searches, inaccurate test results, and lack of criminal intent offer possible defenses against substantial convictions in prescription drug sales cases.  

Challenging the Basis for Investigative Stops and Arrests

The legality surrounding seizures of contraband, questioning, searches, and detention leading to arrests often becomes vulnerable to challenge. If officers lacked valid reasonable suspicion or probable cause to justify stops, any resulting evidence gets excluded. Even slight procedural deficiencies form grounds for suppression motions possibly dismissing affected charges or encouraging favorable plea bargains pre-trial.  

Contesting Illegal Searches and Seizures 

Attorneys scrutinize if seemingly incriminating evidence was obtained unconstitutionally through improper warrantless searches, interrogations without Miranda warnings, detention exceeding lawful duration, or other overreaches violating Fourth and Fifth Amendment protections. Evidence collected illegally cannot be used at trial. Suppression motions counter exploited “plain view” sightings, profiling, unreliable tips, coerced consent, and flawed warrants.

Disputing Prescription Drug Testing Results 

Defense investigations assess whether chemical testing of seized substances by police followed rigorous protocols and standards. Contamination irregularities during evidence handling, faulty calibration of devices, deviation from testing procedures, and ignorance of exculpatory results can shatter prosecution’s account of recovered contraband. Retesting samples through independent toxicology experts may contradict reports. Unreliable testing provides grounds for exclusion.

Negating Intent Elements of Distribution Charges 

For felony-level charges, prosecutors must demonstrate criminal intent to distribute controlled substances through specific actions rather than just simple possession. But evidence like scales, baggies, large cash amounts, and texts may still not prove intent to sell if also consistent with personal use. Winning over juries requires dispelling perceived intent beyond reasonable doubt when quantities could be for individual consumption. 

Presenting Necessity/Duress Defenses  

Legal defenses exist when drug sales stem from immediate necessity or duress rather than criminal premeditation. Defendants coerced into distribution by threats of violence to themselves or loved ones may argue they lacked options avoiding danger otherwise. Addicts selling small amounts to avoid harrowing withdrawal also potentially claim necessity forcing violation of laws. Though high burdens, these defenses aim for sentence mitigation if charges unavoidable. 

In Summation

While accused individuals feel powerless against profound resources of law enforcement, experienced criminal defense attorneys even the scales by identifying constitutional, procedural, testing, intent, and evidentiary deficiencies in the prosecution’s account. Counsel passionately argues these weaknesses reveal inconsistencies and reasonable doubt in the state’s narrative to defeat charges. Although prescription drug accusations bear immense penalties, viable defenses applied strategically can still achieve just outcomes.


What kinds of issues with police investigations can help defend drug distribution charges?

Improper stops, illegal searches and seizures, problems with chemical testing, lack of required Miranda warnings, unconstitutional surveillance, and mishandling of evidence are potential areas undermining charges.

 When can necessity or duress be used as a defense?

If defendants faced grave threats against themselves or loved ones that coerced drug sales or if addicts sold only enough drugs to prevent excruciating withdrawal symptoms.

How can flawed chemical testing help a defense? 

Inaccurate, contaminated, or improperly conducted lab testing shreds critical prosecution evidence identifying alleged contraband seized. This reasonable doubt defeats charges reliant on confirmation of illicit substances.

Contact Us Now

If you or someone you love has been arrested or charged with a crime in Massachusetts, you need the top-notch defense team at Criminal Defense Attorney Thomas Kokonowski. With offices in Amherst and Northampton, Attorney Kokonowski brings nearly 30 years of unmatched criminal trial experience to protect your rights.

As a former Hampden County prosecutor, Attorney Kokonowski conducted approximately 30 criminal trials even before finishing law school. This gave him an insider view of prosecutorial strategies so he could better defend the accused. After passing the bar exam on his first attempt, Attorney Kokonowski joined the District Attorney’s office as a full-time prosecutor to gain more invaluable experience.

Over the next few years, he engaged in around 100 additional criminal hearings and trials. When Attorney Kokonowski entered private practice in 1994, he had the skills, knowledge, and tenacity to take on tough cases and fight aggressively for his clients.

Attorney Kokonowski handles all types of criminal matters from misdemeanors to serious felonies. He is not afraid to file motions attacking constitutional violations and litigate them all the way to preserve your rights. With his deep understanding of criminal procedure and law enforcement tactics, Attorney Kokonowski can locate issues like improper searches or failure to provide Miranda rights.

If your case goes to trial, you have a tireless fighter in your corner. Attorney Kokonowski’s proven record of dismissals and not guilty verdicts speaks for itself. He knows how to craft a compelling defense targeting any flaws or inconsistencies in the prosecutor’s case.

Beyond criminal defense, Attorney Kokonowski also represents clients in civil litigation including personal injury lawsuits and contract disputes. This diverse courtroom experience gives him creative skills to approach your criminal case from every angle.

Don’t take chances with your future – call Attorney Kokonowski today at (413) 585-9200 or (413) 549-0022 for experienced and aggressive representation. His unique background as a prosecutor provides inside knowledge of the system that could make all the difference in defending your case. Let this relentless trial lawyer use his unparalleled experience to be your voice in the courtroom. Contact Criminal Defense Attorney Thomas Kokonowski today



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