Prescription fraud is the act of misrepresenting on yourself to a doctor 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, they too, can be charged with prescription fraud. Doctor shopping is just one of the more common examples of prescription fraud and involves consulting many different doctors in hopes of getting drugs.
Chronic pain sufferers who are addicted to opiates or pain medication and need extensively larger dosages to getting the same comfort often use this approach. Prescription fraud becomes evident in this instance if the patient neglects to inform the physicians of already taking medication or have other prescriptions.
Other great examples of prescription fraud include falsifying prescriptions on a stolen physician’s prescription pad, making use of computer systems to produce fake prescriptions, or revise a physician’s prescription altogether to increase the kinds 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
A criminal charge for prescription fraud, prescription forgery, or acquiring a prescription under false pretenses in Utah can result to a felony conviction, with sentences including jail time and an array of probation conditions as well as steep fines. This could actually impact job prospects or securing a house or a loan. If you have numerous felonies on your record, the fines will certainly be more severe. However, depending upon your circumstance and kind of defense, you may be entitled for a pretrial intervention program or drug court, requiring a person to enter a guilty plea that permits that very guilty plea to be withdrawn if they effectively complete a rehabilitation program. Either circumstance 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 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 tell a material fact that, if the doctor knew, would not have produced 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 an endorsed program.
Prescription Fraud Lawyer in Utah
Needless to say, prescription fraud charges are a very serious issue. 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 require an informed, experienced prescription drug attorney. A solid defense can make a huge difference in regardless if you successfully defend yourself from criminal charges.