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Is blaming a doctor for my addiction a defense for drug charges?

Like other states, Oklahoma has a huge drug addiction problem. When addicts can no longer acquire drugs through a doctor, they often turn to illegal substances like heroin, cocaine and methamphetamine. Sometimes, addicts can also find a source from which to purchase prescription drugs meant for other people. Both of these "solutions" are illegal in the eyes of the law no matter how desperate you feel.

While it may seem natural to blame prescribing physicians for your addiction and any drug charges you face, it would be difficult to use this as a successful defense. A good criminal defense attorney listens to your ideas and your explanations with the goal of incorporating them into your defense when possible. However, it is your lawyer's duty to recommend a solution with the best chance of success.

Three examples of appropriate defenses for drug charges include the following.

  • An illegal search and seizure defense may work if law enforcement violated your Fourth Amendment rights during your arrest.
  • If your lawyer believes the prosecution cannot prove the drugs belonged to you, he or she may recommend using this as your main defense.
  • When drug charges stem from a sting operation, your attorney may recommend an entrapment defense depending on the facts of your arrest.

While you may certainly place the blame for your drug addiction on a prescribing physician, in the end, you are the one responsible for any criminal actions in the eyes of the law. Avoid admitting anything before, during or after your arrest, and consider seeking legal assistance even if you feel your drug charges are minor.

Source: FindLaw, "Drug Possession Defenses," accessed March 08, 2018

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