Prescription fraud is the act of misrepresenting on yourself to a physician or pharmacist, doctor shopping, or being dishonest when acquiring controlled substances from a doctor or pharmacist. If a physician prescribe these drugs willingly and without a legitimate purpose, these guys too, can be accused of prescription fraud.
Doctor shopping is just one of the more common examples of prescription fraud and involves stopping by many different doctors in hopes of acquiring narcotics. Chronic pain sufferers who are addicted to opiates or pain medication and need to have significantly larger amounts to acquiring the same relief often use this procedure. Prescription fraud becomes obvious in this instance if the patient misses to notify the doctors of currently taking medication or have other prescriptions.
Other good examples of prescription fraud include forging prescriptions on a stolen physician’s prescription pad, making use of computer systems to make fake prescriptions, or revise a physician’s prescription altogether to increase the kinds of the drugs prescribed. Drug users have also used the tactic of impersonating medical staff to call in prescriptions and putting their own number as call-back information.
Prescription Fraud Penalties
The law in Austin prohibits any individual from “altering a prescription or obtaining or attempting to obtain a prescription medication through fraud, deceit, misrepresentation, or subterfuge.” Changing a physician’s prescription is a felony and carries up to 10 years imprisonment.
Individuals found to have medications without prescription can be charged with unlawful possession of prescription medication and deal with a minimum fine of $315 and a maximum sentence of 12 months in jail for a first time offender.
This could definitely affect job opportunities or obtaining a house or a loan. If you have a number of felonies on your record, the fines will certainly be more severe. However, depending upon your circumstance and quality of defense, you may be entitled for a pretrial intervention program or drug court, requiring an individual to enter a guilty plea that permits that very guilty plea to be withdrawn if they effectively accomplish a rehabilitation program. Either situation may result in the defendant’s favor, the courts dismissing the prescription fraud charges or your record being cleared upon completion of the program.
Prescription Fraud Defense
Some of the common criminal defense strategies available in prescription fraud cases include: challenging or disputing illegal search and seizure, flawed search warrants, and other constitutional violations. For a doctor or physician, the “good faith” defense can be used if a patient fails to reveal a material fact that, if the doctor was aware, would not have created a prescription. Many states use alternative sentencing or intervention plans including drug courts and a pre-trial program in first-offense cases. In such case, charges may be dismissed or dropped upon completion of a program approved by court.
Prescription Fraud Lawyer in Austin
Prescription fraud charges are very serious offenses. With prescription fraud crime rates rising, many states have established strict laws concerning their possession and distribution. Prescription drug charges are a very serious matter that require an educated, experienced prescription drug attorney. A solid defense can make a huge difference in successfully defending yourself from criminal charges. Get a free consult, call (512) 548-8015.