Expired Prescription Beats Narcotic Drug Charge
An expired prescription can defeat a possession of a narcotic drug charge in Indiana.
In Page v. State, the Court of Appeals reversed a conviction for possession of a narcotic drug, finding that Oxycodone obtained under a since expired prescription was still possessed under a valid prescription. The court found that nothing in the statute that suggested one’s failure to take medication as prescribed makes a prescription invalid. It reasoned the legislature would not have intended the harsh result of a criminal conviction for anyone who keeps a prescription for a narcotic drug beyond the prescribed period. Rather, the statute’s reference to a valid prescription was for a prescription not obtained by fraud, misrepresentation, or deceit. Because there was no dispute that the defendant obtained the Oxycodone under a validly issued prescription, it established a complete defense to the charge.
With over 38 years of handling thousands of criminal cases, Steven Knecht is familiar with the possible defenses to operating while intoxicated offenses and other criminal charges. If you find yourself having been arrested, you should immediately hire an experienced criminal defense lawyer that you can trust such as Steven Knecht to help you fight the State because you have a lot at stake on the outcome.