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Houston Defense Lawyers Take on Prescription Drug Cases

Texas firm handles actions alleging illegal use or sale of pharmaceuticals

Like illegal controlled substances with no medical use, many prescription drugs carry a risk of serious harm and addiction. Texas law provides harsh punishment for possession, misuse or mishandling of painkillers and other pharmaceuticals. Even mailing some pills to a friend or loved one could expose you to significant penalties. Located in Houston, Patrick M. Kelley Attorney at Law battles on behalf of clients who are being prosecuted for crimes related to prescription medications. Our attorneys have more than 65 years of combined experience and have handled thousands of drug cases, so you can count on us to identify every viable defense and protect your rights against police and prosecutors.

Skillful advocates fight charges involving painkillers and other medications

Headlines about the abuse of opioid painkillers have intensified the focus on drug crimes involving pharmaceuticals. Most prescription medications are listed along with other controlled substances within Texas law and can result in felony convictions depending on the drug and amount at issue. Attorneys Patrick Kelley and Julie Jones are former prosecutors who understand the tactics that police and prosecutors use in pursuit of a conviction. Among them:

  • Misinterpreting innocent conduct — Engaging in fraud to obtain a medication that a doctor did not prescribe is normally a felony if the obtained medication is listed in Penalty Groups 1 through 4 in the Texas Controlled Substances Act. However, it is not unusual to “call in” a prescription medication order on behalf of an innocent person. It is equally just as common for an innocent person to provide transportation to another who needs to pick up prescription medication. Where the state cannot show that an accused was “aware” that the prescription “called in” or “picked up” was not authorized by a doctor, we vigorously move to try to get the fraud charge dismissed due to lack of fraudulent knowledge by the accused.
  • Excessive prescription — Whether the bond is physical or psychological, some individuals become reliant on pharmaceuticals. This can lead to allegations that someone has obtained prescription drugs in an amount that exceeds the level appropriate for the relevant medical treatment. In these situations, we press for a resolution that addresses the situation appropriately, which might include private drug rehabilitation as an alternative to state-sponsored probation or incarceration. Unlike state-sponsored probation and incarceration, private drug rehabilitation does not leave the accused with a criminal record or on probation.
  • Potential defenses — The fact that medications have legally accepted uses can lead to confusion among people who use or transfer them. A defendant may have lacked the knowledge or intent that is required to establish the crime. Other times, police officers might make an arrest based on pills that belong to another family member under a valid prescription or were formerly authorized but not disposed of once the medical authorization expired. If you are accused in such circumstances, we will push back aggressively against unwarranted charges.

Whether the particular medication is an opiate, a depressant, a stimulant or even a steroid designed to improve one’s physical performance, we’ll investigate the circumstances thoroughly and help you determine the best way to proceed.

Contact a Texas criminal defense attorney for advice on a prescription drug charge

Patrick M. Kelley, Attorney at Law represents Texas clients who have been accused of criminal misconduct stemming from the use, sale or production of prescription medications. We also handle a full range of cases involving other illicit drugs. For a consultation, please call 713-222-6363 or contact us online. Our office is in Houston.


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