Lowell Prescription Drug Lawyer

Facing prescription drug charges can have dire consequences, impacting your job, home, and family. At Erkan & Sullivan, P.C., our drug defense attorneys recognize the seriousness of these charges and are dedicated to providing the most effective defense possible. Whether you are accused of illegally purchasing, possessing, or selling prescription medications, we are here to protect your future. Schedule a consultation with a tenacious Lowell prescription drug lawyer today.

Understanding Prescription Drug Charges

Who is Affected?

Prescription drug crimes affect people from all backgrounds. These charges can impact anyone, from healthcare professionals to everyday citizens. The repercussions of a conviction extend far beyond the courtroom, influencing your employment, housing, and financial aid opportunities.

Types of Prescription Drug Offenses

• Illegal Possession: Having prescription drugs without a valid prescription.
• Illegal Purchase: Buying prescription drugs without a valid prescription.
• Illegal Sale: Selling or distributing medications that were prescribed to you.

Possession and purchase are prosecuted under Massachusetts General Laws chapter 94C § 34. Sale and distribution depend on the class of drugs at issue. Massachusetts General Laws chapter 94C § 32 (class A), Massachusetts General Laws chapter 94C § 32A (class B), Massachusetts General Laws chapter 94C § 32B (class C), Massachusetts General Laws chapter 94C § 32C (class D), and Massachusetts General Laws chapter 94C § 32D (class E).

Commonly Abused Prescription Drugs

• Class C Drugs: Medications for pain and anxiety, such as Vicodin, Ativan, or Valium.
• Class B Drugs: Oxycodone or OxyContin.
• Class E Drugs: Over-the-counter medications in large quantities, such as codeine-based cough syrups, certain muscle relaxants, and anabolic steroids.

Massachusetts General Laws chapter 94C, § 31 is the statute listing the different classes of drugs.

Our attorneys can break down your prescription drug charges in Lowell and explain exactly what is at stake.

The Consequences of Prescription Drug Charges

Criminal Penalties

Prescription drug charges can result in severe penalties. A first offense can be charged as a felony, leading to:

• Loss of Employment: Many employers conduct background checks and may terminate employees with felony convictions.
• Loss of Housing: Landlords may refuse to rent to individuals with criminal records.
• Loss of Financial Aid: A felony conviction can disqualify you from receiving financial aid for education.

A second offense involving the sale of prescription drugs can lead to a minimum of three and a half years in state prison. Avoiding a first conviction is crucial to preventing harsher penalties for subsequent offenses.

Immigration Consequences

Prescription drug charges can have serious immigration consequences, whether you are a legal permanent resident or undocumented.

Legal Permanent Residents

For legal permanent residents (LPRs), these charges can lead to:

• Deportation: Convictions for drug offenses, including prescription drug crimes, are considered aggravated felonies, making an LPR deportable.
• Inadmissibility: Convictions can render an LPR inadmissible, affecting their ability to re-enter the U.S. after travel abroad or to apply for naturalization.
• Loss of Status: Multiple convictions or a conviction for a particularly severe offense can lead to the loss of LPR status.

Undocumented Immigrants

For undocumented immigrants, the consequences are even more severe:

• Deportation: Any conviction for prescription drug crimes can result in immediate deportation.
• Ineligibility for Relief: Convictions can make an undocumented immigrant ineligible for various forms of relief, such as asylum or cancellation of removal.
• Permanent Bar to Re-entry: Convictions can lead to a permanent bar from re-entering the U.S.

Prescription drug charges in Lowell should be taken seriously, especially if you are navigating the immigration system—only a lawyer with extensive experience in criminal law, like Murat Erkan or Ryan P. Sullivan, can properly protect your status.

Why Choose Erkan & Sullivan, P.C.?

When facing prescription drug charges, having experienced and strategic legal representation is essential. Here’s why prescription drug attorneys Murat Erkan and Ryan P. Sullivan are uniquely equipped to handle these complex cases in Lowell:

Extensive Experience and Deep Knowledge

• Murat Erkan: With over twenty-six years of trial experience, including time as a prosecutor in Essex County, Murat has a deep understanding of prosecutorial tactics. This knowledge equips him to anticipate and dismantle the prosecution’s approach.
• Ryan P. Sullivan: Ryan’s acclaimed experience as a prosecutor in the Middlesex County District and Superior Courts has provided him with an insider’s understanding of prosecutorial tactics. His shift to criminal defense enables him to identify and exploit weaknesses in the prosecution’s case, particularly in prescription drug cases.

Personalized Defense Strategies

• Murat Erkan: Murat’s approach to each case is tailored to dismantle the prosecution’s arguments using his extensive courtroom experience. His prosecutorial background is a crucial asset in fighting prescription drug charges.
• Ryan P. Sullivan: Ryan’s assertive defense tactics and comprehensive knowledge of drug laws make him a formidable advocate. His careful analysis and challenge of evidence, combined with strategic negotiation skills, ensure a robust defense.

Proven Track Record of Success

Both Murat and Ryan possess a proven track record of achieving favorable results in prescription drug cases. Their expertise and strategic insight have resulted in many dismissals, charge reductions, and successful plea agreements.

Defense Strategies for Prescription Drug Charges

Our lawyers take a multifaceted approach to defending against prescription drug charges in Lowell, tailored to each client’s unique situation. Here are some of the advanced strategies we employ:

Suppression Motions

Suppression motions are a powerful tool in defending against drug charges, aimed at excluding evidence obtained through illegal means.

• Illegal Searches: If law enforcement carried out a search without a valid warrant or probable cause, any evidence obtained as a result may be subject to suppression.
• Violation of Rights: If law enforcement violated your Fourth Amendment rights during the investigation or arrest, we can file a motion to have any resulting evidence suppressed. These motions can lead to a case dismissal if the prosecution’s key evidence is excluded.

Challenging Intent to Distribute

Proving intent to distribute, as opposed to personal use, is a substantial burden for the prosecution. We can employ several strategies to effectively dispute this intent:

• Quantity of Drugs: We argue that the quantity of drugs found was for personal use rather than distribution. This can be particularly effective if the amount is just over the threshold for personal use.
• Lack of Distribution Paraphernalia: We emphasize the lack of items commonly linked to distribution, such as scales, baggies, and large sums of cash.
• Client’s Personal Circumstances: We provide evidence of the client’s personal drug use history to show that the substances were meant for personal consumption, not distribution.

Contesting Knowledge, Ability, and Intent

In many instances, the prosecution is required to prove that the defendant knowingly possessed the drugs with the intent and ability to exercise dominion and control. We dispute these elements by:

• Mere Presence Defense: We argue that simply being present at a location where drugs were found does not prove possession or control. This is especially useful in cases where drugs were found in a shared space, like cars or apartments.
• Lack of Evidence of Control: We show that there is insufficient evidence to prove the defendant exercised control over the drugs. This may include challenging the reliability of witnesses or co-defendants who might have motive to implicate our client.
• Alternative Explanations: We offer plausible alternatives for the defendant’s presence at the scene, such as visiting friends or merely being in the wrong place at the wrong time.

Strategic Negotiations: Securing Favorable Outcomes

While our main objective is to secure dismissal or reduction of charges, obtaining a favorable plea deal in serious prescription drug cases demands exceptional negotiation skills and thorough knowledge of the legal landscape.

Continuance Without a Finding (CWOF)

A Continuance Without a Finding (CWOF) is an effective resolution in drug cases (for US citizens, not immigrants because it can trigger immigration consequences). A CWOF permits the defendant to acknowledge that the evidence supports a finding of guilt, but rather than entering a conviction, the court continues the case for a set period (typically six months to a year). During this time, the defendant must meet specific conditions, such as:

• Probation: The defendant is required to meet regularly with a probation officer and adhere to all probation conditions.
• Drug Testing: The defendant must undergo regular drug testing to confirm that the defendant is not using illegal substances.
• Treatment Programs: The defendant participates in mandatory drug education or treatment programs.

If the defendant fully complies with these conditions, the case is dismissed at the conclusion of the continuance period, and no conviction is recorded. This outcome can be especially valuable for avoiding a criminal record. However, securing a CWOF in serious drug cases demands exceptional negotiation skills and a comprehensive understanding of the legal system.

General Continuance

Another possible resolution is a general continuance. Under this arrangement, the court agrees to continue the case for a set period without any finding or admission of guilt. During this time, the defendant may be required to:

• Stay Out of Trouble: Avoid any additional criminal charges.
• Community Service: Complete a designated number of community service hours.
• Compliance with Court Orders: Adhere to any additional conditions imposed by the court.

If the defendant fulfills these requirements, the charges may be dismissed or reduced once the continuance period ends. A general continuance can help a defendant avoid the immediate consequences of a conviction while providing them with an opportunity to prove good behavior. Successfully negotiating a general continuance for serious drug offenses demands a strategic approach and the ability to convince both the prosecution and the court of the defendant’s commitment to rehabilitation and compliance.

Drug Treatment Programs Under MGL 111E

Massachusetts General Laws Chapter 111E provides an option for individuals charged with drug offenses to enter a treatment program instead of facing traditional criminal penalties. This can be particularly beneficial for those struggling with addiction. The court may order participation in a drug treatment program, which can include:

• Inpatient or Outpatient Treatment: Depending on the severity of the addiction and the specific circumstances of the case.
• Counseling and Support Services: To address the underlying issues contributing to substance abuse.
• Regular Drug Testing: To ensure compliance with the treatment program.

Successful completion of a treatment program under M.G.L. c. 111E can lead to the dismissal of charges, providing a path to recovery and avoiding the long-term consequences of a conviction. In the event that a case dismissal is not possible, our lawyers will advocate for alternative penalties to reduce the implications of a Lowell prescription drug charge.

Place of Offense

The state’s focus on over-policing urban and economically disadvantaged communities means that most drug prosecutions happen in diverse urban centers like Worcester, New Bedford, Brockton, Lawrence, Boston, Lynn, Lowell, Fall River, Chelsea, Haverhill, Malden, Framingham, and Woburn. However, this doesn’t mean that smaller towns such as Newton, Andover, Concord, and Ayer escape strict drug enforcement policies. Moreover, towns situated along major highways, such as Sturbridge and Leominster, also face increased levels of enforcement.

Contact the Lowell Prescription Drug Attorneys at Erkan & Sullivan, P.C. Today

If you or someone close to you has been charged with a prescription drug offense in Massachusetts, it’s critical to act fast. The earlier you reach out to a Lowell prescription drug lawyer, the greater the chance of securing a strong result. At Erkan & Sullivan, P.C., we don’t waste time—we get to work immediately to protect your rights and fight for your future.

Our firm is built on the belief that every person deserves a relentless, strategic defense. With decades of combined experience, we know how to challenge prescription drug charges and expose the weaknesses in the government’s case. You don’t have to face this battle alone. Armed with the knowledge and insight that sets us apart, we’re ready to stand beside you and fight back—every step of the way. With our insight and experience, we’ll guide you through every stage of the fight.