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Arrested for Prescription Fraud in Queens? A Lawyer Can Challenge the Evidence
Arrested for Prescription Fraud in Queens? A Lawyer Can Challenge the Evidence
Getting arrested for prescription fraud in Queens can be scary. You may be wondering what happens next and how a lawyer can help. This article will explain the charges you may face, the potential penalties, and how an experienced Queens criminal defense attorney can challenge the evidence against you.
Common Charges in Prescription Fraud Cases
There are a few main charges you may face if arrested for prescription fraud in Queens:
- Criminal sale of a controlled substance
- Criminal possession of a controlled substance
- Forgery
- Falsifying business records
- Grand larceny
The charges can range from misdemeanors to felonies, depending on the circumstances. For example, possession of a small amount may be a misdemeanor, while possession with intent to sell is often a felony.
Potential Penalties
The penalties you face depend on the specific charges. Here’s an overview:
- Misdemeanors – up to 1 year in jail
- Class E felony – 1 to 4 years in prison
- Class D felony – 1 to 7 years in prison
- Class C felony – 3 to 15 years in prison
- Class B felony – 5 to 25 years in prison
Prosecutors can add up the total dollar value from multiple transactions when determining the severity of charges. So even a small prescription fraud scheme can lead to felony charges if it’s been going on for a while.
How a Lawyer Can Challenge the Evidence
An experienced Queens prescription fraud lawyer will thoroughly examine the evidence against you and look for ways to get charges reduced or dismissed. Here are some of the evidence-related strategies they may use:
- File motions challenging improper searches, seizures, or arrests
- Allege Miranda rights violations during questioning
- Claim illegal or coercive interrogation tactics were used
- Challenge the chain of custody of evidence
- Contest the admissibility of certain evidence
- Argue there is insufficient evidence for conviction
In addition to attacking the evidence itself, a lawyer may be able to argue that you had no intent to commit fraud. For example, if you have a valid prescription but gave pills to a friend, your lawyer could potentially get the charges reduced from distribution to simple possession.
Getting the Charges Dismissed or Reduced
In some cases, it may be possible for an attorney to get the charges against you dismissed entirely if the evidence is weak or improper investigative tactics were used. More often, they will try to get felony charges reduced to misdemeanors to minimize the penalties. This usually involves negotiating with the prosecutor.
Whether charges get dismissed or reduced depends on the specifics of your case and your criminal history. But an experienced lawyer knows how to put together the strongest argument to get you the best outcome.
Avoiding Convictions and Long-Term Consequences
Even a misdemeanor prescription fraud conviction can hurt your career and future job prospects. Any drug conviction may impact your ability to keep or obtain professional licenses. And if you’re not a U.S. citizen, it could lead to deportation.
That’s why it’s so important to have an aggressive lawyer make sure your rights are protected, work to avoid a conviction, and strive for the charges to be dropped or reduced as much as possible.
Finding the Right Lawyer for Your Case
If you or a loved one has been arrested for prescription fraud in Queens, don’t leave your fate to chance. Consult with an experienced local criminal defense attorney as soon as possible. They will evaluate your case and outline your best legal options. Time is of the essence, so call today.
Here are some tips for finding the right lawyer:
- Look for someone with extensive experience specifically handling prescription fraud cases in Queens
- Make sure they have a track record of getting charges dismissed or reduced
- Find someone who makes you feel comfortable and clearly explains your options
- Look for someone aggressive who will fight tirelessly to protect your rights
With the right legal representation, you can move forward and put this difficult situation behind you. Don’t go it alone against the criminal justice system. Call an attorney today.
References
[1] Criminal Sale and Unlawful Possession of Prescription Depressants: NY Penal Law Article 220 Crimes
[2] Fraud Penalties in New York
[4] Queens Employment, Immigration & Criminal Law Firm – Heiferman & Assoc.