Prescription fraud is the act of misrepresenting yourself to a physician or pharmacist, doctor shopping, or being dishonest when obtaining controlled substances from a physician or pharmacist. If a physician prescribe these drugs voluntarily and without a legitimate purpose, they too, can be accused of prescription fraud.
Doctor shopping is just one of the more common examples of prescription fraud and involves paying a visit to many different doctors in hopes of acquiring narcotics. Chronic pain sufferers who are addicted to opiates or pain medication and need considerably larger quantities to acquiring the same relief often use this tactic. Prescription fraud becomes apparent in this instance if the patient purposely forgets to inform the physicians of presently taking medication or have other prescriptions.
Other great examples of prescription fraud include forging prescriptions on a stolen doctor’s prescription pad, making use of computers to get fake prescriptions, or change a physician’s prescription altogether to increase the variety of the drugs prescribed. Drug users have also made use of the tactic of masquerading as medical staff to call in prescriptions and using their own number as call-back information.
Prescription Fraud Penalties
If you are found guilty of a prescription fraud conviction, you could be looking at prison time and pay a hefty fine. This could definitely impair job prospects or acquiring a house or a loan. If you have a number of felonies on your record, the fines will certainly be more severe. However, basing upon your circumstance and quality of defense, you may be entitled for a pretrial intervention program or drug court, requiring a person to enter a guilty plea that lets that very guilty plea to be withdrawn if they productively complete a rehabilitation program. Either circumstance may end in the defendant’s benefit, 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 illegal search and seizure, defective search warrants, and other constitutional violations. For a doctor or physician, the “good faith” defense can be used if a patient fails to share a material fact that, if the doctor knew, would not have made a prescription. Many states use alternative sentencing or intervention plans including drug courts and a pretrial recreation program in first-offense cases. In such case, charges may be dropped or dismissed upon completion of a court-approved program.
Prescription Fraud Lawyer in New Mexico
Needless to say, prescription fraud charges are a very serious concern. With prescription fraud crime rates increasing, many states have enacted strict laws concerning their possession and distribution. Prescription drug charges are a very serious matter that calls for an educated, experienced prescription drug lawyer. A strong defense can make a great difference when it comes to defending yourself from criminal charges.