How do I choose a prescription fraud defense lawyer?

How to Choose the Right Prescription Fraud Defense Lawyer

Getting charged with prescription fraud can be scary. These charges carry serious penalties like jail time, fines, and a criminal record. Having the right lawyer by your side can make all the difference.

But not all defense attorneys are created equal when it comes to prescription fraud cases. You need someone with specific experience and knowledge to give you the best chance of getting charges reduced or dismissed. Here’s what to look for when choosing a prescription fraud defense lawyer:

Experience Handling Prescription Fraud Cases

First and foremost, you want an attorney who regularly deals with prescription drug charges. Prescription fraud involves complex laws and procedures that general criminal defense lawyers may not be familiar with.

Ask specifically how many prescription fraud cases they’ve handled in the past. The more experience, the better. Also ask about their success record in getting charges reduced or dismissed. An experienced prescription fraud lawyer will be able to provide examples from past cases.

Knowledge of Prescription Drug Laws

Prescription drug laws can be complicated, involving both state and federal statutes. You need a lawyer well-versed in the specifics of laws like the Controlled Substances Act.

They should understand what constitutes a valid prescription, rules around filling controlled medications, and penalties for different activities like possession, distribution, trafficking, and fraud.

A knowledgeable lawyer can identify weaknesses in the prosecution’s case based on their understanding of the complex legal boundaries. They can also advise you on possible defenses given the details of your specific charges.

Relationships with Prosecutors and Judges

Having connections with prosecutors and judges can help during plea negotiations and sentencing. A lawyer who regularly handles cases in your jurisdiction may have built relationships over time.

They’ll have insight into what arguments and strategies work best with particular prosecutors and judges. This inside knowledge can be invaluable in getting charges reduced or penalties minimized.

Ability to Work with Medical Experts

Prescription drug cases often involve working with medical experts like doctors and pharmacists. Your lawyer may need to interact with your prescribing physician or bring in an expert witness.

Look for an attorney experienced in working collaboratively with medical professionals. They’ll be able to get the necessary facts and evidence from doctors and pharmacists to build the strongest defense.

Experience Negotiating Diversion Programs

Many prescription fraud charges can be resolved through pretrial diversion programs. This involves completing drug counseling, community service, or probation in exchange for avoiding jail time and getting charges dismissed.

An experienced lawyer will know how to approach prosecutors to negotiate admission into an appropriate diversion program. They’ll also guide you through meeting all requirements so charges are ultimately dropped.

Understanding of Addiction and Mental Health Issues

Prescription fraud is often tied to addiction and underlying mental health conditions. An empathetic lawyer with knowledge of these issues can help get you critical treatment.

They may be able to get the charges reduced or deferred contingent on completing a rehabilitation program. Their expertise can also help when arguing for minimized penalties during sentencing.

Clear Communication and Responsiveness

Going through prescription fraud charges is stressful. You need an attorney who makes you feel comfortable and provides clear guidance on what to expect.

Look for a lawyer who is responsive, answers your calls and emails promptly, and takes time to explain each step in the legal process. You’ll have confidence knowing your case is a priority.

Affordable Legal Fees

Prescription fraud charges already take a financial toll. Look for a lawyer who offers reasonable rates and payment plans. Be wary of attorneys who overcharge for basic services.

Ask about their fee structure, typical costs for prescription fraud cases, and what expenses you’re responsible for. Get fee estimates in writing so there are no surprises down the road.

How to Find Prescription Fraud Defense Lawyers

Now that you know what to look for, here are some options for finding prescription fraud lawyers:

• Search state bar association directories for attorneys who list prescription drug crimes as an area of specialty.
• Ask friends and family for referrals to lawyers they’ve used for criminal charges.
• Search online legal directories like Avvo filtering by prescription drug charges.
• Check with local advocacy groups like NORML who may make referrals.
• Search Google for lawyers in your area using terms like “prescription fraud attorney.”
• Contact your state’s public defender office for suggestions on private defense lawyers.
• Visit local courts and ask prosecutors, judges, and other attorneys for recommendations.

When researching options, look for lawyers with proven experience, favorable online reviews, and a good track record in prescription drug cases. Narrow down your list to 3-5 choices for further evaluation.

Questions to Ask During a Consultation

Once you’ve identified some potential lawyers, schedule consultations. This one-on-one time is key to finding the best attorney for your case. Here are important questions to ask:

• How many prescription fraud cases have you handled, and what were the outcomes?
• What are the most common defenses and negotiation strategies you use?
• Will you be the lead attorney handling my case if I hire you?
• How often will you communicate with me about my case status?
• What are the steps you’ll take to build my defense or negotiate with prosecutors?
• What are your opinions on the prosecutor, judge, and jurisdiction I’m charged in?
• What are your legal fees, how do you bill, and what costs should I expect?
• Can you provide references from past clients in prescription drug cases?

Pay attention to how comfortable you feel talking to the lawyer. You need someone you trust and can be open with about all case details. Go with your gut feeling on the best fit.

Understanding Prescription Fraud Charges and Penalties

To choose the right lawyer, it helps to understand exactly what prescription fraud is and the penalties you face. Here’s a quick overview of laws related to prescription drug crimes:

• Doctor Shopping – Seeing multiple doctors to get duplicate prescriptions for controlled substances. Penalties may include fines and 1-10 years imprisonment depending on the drug schedule.
• Pharmacy Shopping – Filling prescriptions at different pharmacies without telling them about prescriptions from other pharmacies. Can lead to fines and jail time of 1-7 years.
• Prescription Forgery – Altering a prescription to get more pills or refills than authorized. Charges vary by state but include hefty fines and multi-year prison sentences.
• False Prescriptions – Making up a fake prescription or stealing a doctor’s prescription pad. Punishable by fines up to $250,000 and at least 4 years in prison.
• Prescription Alteration – Changing an existing prescription to get more of a drug. Charges include fines and at least 1 year imprisonment.

A skilled prescription fraud defense lawyer can help get charges reduced or dismissed. But you face serious consequences if convicted, so choosing the right attorney is crucial.

The Benefits of Hiring a Lawyer

Trying to handle prescription fraud charges yourself is extremely risky. An experienced attorney provides valuable benefits:

• They know how to identify weaknesses in the prosecution’s case and get charges dismissed when possible.
• They have relationships with judges and prosecutors to negotiate reduced penalties or diversion programs.
• They understand complex prescription drug laws and procedures prosecutors must follow.
• They can effectively negotiate with law enforcement and healthcare professionals.
• They can advise you on possible defenses based on the specifics of your case.
• They know how to present evidence and question witnesses to refute charges at trial.
• They can gather evidence and documents from pharmacies, doctors, and investigators.
• They can represent you in court hearings if the case goes to trial.

Hiring an experienced criminal defense lawyer is the smartest thing you can do if facing prescription fraud allegations. Don’t take chances with your future and freedom.

How Lawyers Defend Prescription Fraud Cases

When building a defense for prescription fraud charges, lawyers will pursue several strategies based on the circumstances. Common defenses include:

• Lack of Criminal Intent – Argue you never intended to break the law or deceive doctors. This may apply if you were unaware certain actions were illegal.
• No Knowledge – Claim you were unaware prescriptions from different doctors overlapped or that the prescription was forged or altered.
• Misfilled Prescription – Present evidence the pharmacy made an error in filling the prescription that was not your fault.
• Necessary Medical Care – Explain the overlapping prescriptions were essential for treating your health condition and you used the medications as directed.
• Unlawful Search – Seek to suppress evidence by arguing it was obtained through an illegal search violating your rights.
• Entrapment – Claim law enforcement induced you into committing fraud you otherwise wouldn’t have.
• Misidentification – Argue you are a victim of mistaken identity and the charges link to someone else.

An attorney will assess the pros and cons of each defense based on the specifics of your case. Having an experienced lawyer greatly improves your chances of success.

How to Check a Lawyer’s Background

Before hiring a prescription fraud defense lawyer, it’s wise to check their background and disciplinary history. Here’s how:

• Call your state bar association to ask if the lawyer has had any ethical violations or suspensions.
• Search online lawyer directories like Avvo for client reviews and disciplinary records.
• Search the lawyer’s name on Google to find news stories about any past misconduct allegations.
• Ask the lawyer directly if they have ever faced disciplinary action from the bar association.
• Search court records for malpractice lawsuits filed against the attorney.
• Ask the lawyer for references from past clients you can speak to.
• Search the National Practitioner Data Bank for any malpractice settlements paid.

One or two minor issues in an attorney’s past shouldn’t necessarily disqualify them. But look for patterns of serious disciplinary actions or malpractice claims, which are red flags. An ethical lawyer will be transparent if you ask about their background.

Questions to Ask Yourself Before Hiring a Lawyer

Along with doing background research, ask yourself these important questions before making a hiring decision:

• Did the lawyer listen carefully and seem genuinely interested in my case?
• Did they clearly explain their approach, legal fees, and what to expect?
• Did they seem knowledgeable about prescription drug laws and defenses?
• Do I feel comfortable and confident in the lawyer’s skills and abilities?
• Does the lawyer have a good reputation based on reviews and references?
• Do they have ample experience handling prescription fraud cases?
• Does their disciplinary history raise any red flags?
• Do I trust this lawyer to handle my case and future?