QUESTION
How much jail time is issued for stealing prescription drugs?
Asked on Nov 27th, 2011 on Criminal Law - California
More details to this question:
How much jail time would you get in for stealing prescription drugs from somebody in your household if they pressed charges?
14 ANSWERS
3 Awards
It depends on the drugs involved. But, generally, if you have no priors and you are not distributing/selling the drugs (personal use only), it is likely a misdemeanor with probation and no jail. It may take some effort to get there.
Answered on Dec 01st, 2011 at 5:02 PM
Geoffrey MacLaren Yaryan
Its a theft and it depends on the value of the drugs whether is would be a felony or misdemeanor. Also, if the drugs are controlled then one could be charged with possession of a controlled substance, usually a felony.
Answered on Dec 01st, 2011 at 1:11 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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It depends on your history as to your record. However a B felony carries a 3.5 to 7 years maximum and possession of any controlled drug is a B felony.
Answered on Dec 01st, 2011 at 12:23 PM
Larceny of prescription drugs in Massachusetts, assuming the drugs are worth more than $250, carries a maximum penalty of five years in prison. If the value is less than $250 the maximum penalty is 2 1/2 years in the house of correction. There is a secondary issue associated with larceny of prescription drugs. One can also be charged with illegal possession of those substances; the maximum penalty for most prescription substances would be one year in prison.
Answered on Dec 01st, 2011 at 9:29 AM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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First, the only person who can authorize charges is the prosecuting attorney. If the person called the police, there would be an investigation that would be forwarded to the prosecutor for review. What a possible sentence might be would depend on what the ultimate conviction was for as well as past record and other factors. There is not enough information given to answer.
Answered on Dec 01st, 2011 at 9:25 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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That depends on the exact charges. Grand theft, generally, as a felony (you do NOT want to be convicted of a felony!) has a maximum of three years in custody. Simple possession of drugs - even prescription drugs if the prescription is not yours - can have the same maximum. There are other factors to consider before one can be given an exact answer - it depends on the exact charges, your criminal history, and the facts of the case. And it is not up to the relative to "press charges." If it is reported to the police, and the DA thinks he/she can prove the case, the DA makes the decision to prosecute, bot the relative. The best approach may well be to work it out without reporting it to the police, even if that means getting treatment for a substance abuse problem. I submit to you that stealing someone else's prescription is highly suggestive of a significant drug problem. If so, get help regardless of whether or not charges are filed. It just might save his/her life and prevent the destruction loving family relationships.
Answered on Dec 01st, 2011 at 9:14 AM
You could be charged with unlawful possession of a controlled substance which can be a felony. I would advise consulting with an attorney before proceeding any further.
Answered on Dec 01st, 2011 at 8:55 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It all depends on the surrounding circumstances and you criminal history.
Answered on Nov 30th, 2011 at 10:51 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon the amount, drug type, and whether or not you have a criminal history. You may also have the possibility of agreeing to a court ordered drug treatment program, which could result in you doing no jail time. Consult with an attorney in your area.
Answered on Nov 30th, 2011 at 10:17 PM
There is a vast range of possible sentences. If you are a suspect in a crime do not talk to the police and seek the assistance of an attorney.
Answered on Nov 30th, 2011 at 9:10 PM
Daniel Kieth Martin
First allow me to clarify citizens do not press charges. Prosecutors file charges based on whether they believe that they can prove a case. If the police were notified and the prosecutor received a report about this conduct it could be punished in various ways. Most likely it either be possession of a controlled substance or receiving stolen property. Both of these offenses are punishable by 16 months, two years or three years in state prison. Now that the law has changed you would not actually go to prison. You would do spend the sentence in county jail. You should contact a criminal defense lawyer to discuss this situation.
Answered on Nov 30th, 2011 at 8:56 PM
3 Awards
Theft is the least of your worries. Only over $1500 is a felony. But depending on the drug, quantity, and classification, you could have a felony possession of a controlled substance.
Answered on Nov 30th, 2011 at 8:12 PM
William C. Gosnell
Unlawful possession of drugs carries 8-12 years if they find drugs on your person. But the theft of those drugs is a misdemeanor which carries 11 months and 29 days.
Answered on Nov 30th, 2011 at 8:12 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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It depends on about a million factors. What specific crime(s) are you accused of? How strong is the evidence? What (if any) defenses might apply? What does your record look like? Which county did it happen in? etc.
Answered on Nov 30th, 2011 at 8:11 PM