Prescription fraud is the act of misrepresenting yourself to a physician or pharmacist, doctor shopping or being dishonest when buying controlled substances from a doctor or pharmacist. If a physician prescribes these drugs voluntarily and without a legitimate purpose, these individuals too can be accused of prescription fraud.
Doctor shopping another one of the common examples of prescription fraud and involves seeing multiple doctors in hopes of getting narcotics. Chronic pain sufferers who are addicted to opiates or pain medication and need to have radically larger amounts to getting the same remedy often use this technique. Prescription fraud becomes evident in this instance if the patient ignores to notify the physicians of currently taking medication or have other prescriptions.
Other good examples of prescription fraud include falsifying prescriptions on a stolen physician’s prescription pad, making use of computers to make fake prescriptions, or change a physician’s prescription altogether to add the types of the drugs prescribed. Drug users have also applied the tactic of impersonating medical staff to call in prescriptions and using their own number as call-back information.
If you are convicted of prescription fraud in Arizona, expect hefty fines, prison time, suspension of driver’s license, drug treatment plans, probation or community service. Illegal possession, use, manufacture or administration of a prescription drug is a class 1 misdemeanor and will lead to 6 months in jail and a $1,000 fine. It is considered a class 6 felony if you are caught with possession for sale, distribution, transportation for sale of prescription drugs and will result to a prison sentence of 1 and a half years in prison and a $1,000 fine. This could definitely impair job prospects or acquiring a house or a loan. If you have several felonies on your record, the fines will certainly be more severe. However, basing upon your circumstance and kind of defense, you may be eligible 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intervention program or drug court, requiring a person to enter a guilty plea that lets that very guilty plea to be withdrawn if they proactively finish a rehabilitation program. Either situation may end in the defendant’s favor, the courts dismissing the prescription fraud charges or your record being cleared upon completion of the program.
A few of the common criminal defense methods available in prescription fraud cases include: challenging illegal search and seizure, faulty search warrants, and other constitutional violations. For a doctor or physician, the “good faith” defense can be used if a patient neglects to tell a material fact that, if the doctor knew, would not have created 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-appointed program.
Needless to say, prescription fraud charges are major charges. With prescription fraud crime rates rising, many states have reinforced strict laws concerning their possession and distribution. Prescription drug charges are a very serious matter that require an informed, experienced prescription drug attorney. A strong defense can make a huge difference which can help in winning your case.