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Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

March 21, 2024 Uncategorized

The pharmaceutical and healthcare industry is extremely important as they ensure that people get the medication that they need to thrive. For people that need medication that is controlled by law, getting a prescription is a necessity. The majority of the time, people are responsible with these medications and take them as prescribed. And typically, a practitioner or pharmacist will only give a prescription when it is necessary. However, there are situations in which someone may do the wrong thing and try to sell these prescriptions for a profit or to someone that does not need them. If someone does try to sell prescriptions, they could be charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.

Example of the Crime
In general, being charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist means that you have knowingly sold a prescription to another person that either did not need the medication or simply to make a profit. A practitioner could also be charged with the crime if they directly sold any drugs that they have on hand in their office.

The most common example of this occurs when a patient tries to pressure a doctor into writing a prescription. If the doctor says no to the request and then accepts the bribe from the patient, they could be found guilty of criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist.

Related Crimes
In most situations, being charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist will not come with any other charges. However, you could also be charged with bank or wire fraud if you did not accept a cash payment. Depending on the severity of the situation, you could also be found guilty of assault, illegal drug dealing, and even involuntary manslaughter if someone is ultimately killed as a result of the crime.

Potential Penalties
If you are charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist, you could be facing some significant penalties. This crime is considered a Class C felony, which means you could be punished with up to 15 years of prison. However, most of the time people are given penalties that are far less severe. If the situation was isolated, you likely will receive probation, a monetary penalty, but could still lose your license.

If you have been charged with fraud, assault, or any other type of crime, you could face additional penalties as well. The overall scope and severity of the crime could result in spending ten or more years in jail.

Common Defenses
The most common way to defend the charges of criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist is to deny you did anything nefarious. Most doctors will be able to claim that they gave the prescription to a patient out of need. If they have only been paid in cash, it can also be hard to prove that compensation took place. This can make it much harder for a prosecutor to win a case.

If you are charged with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist, it is important that you hire an attorney immediately. The charges related to criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist are very serious and could come with big penalties. When you meet with at defense attorney that is experienced with this crime, the attorney will know the right way to build a defense and fight the charges. The attorney will first be able to provide you with necessary consultation services and then help you to build a quality defense.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Don’t deal with criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist alone. Speak to the Spodek Law Group today.

Criminal sale of a prescription for a controlled substance or of a controlled substance by a practitioner or pharmacist

It is impossible to dispute the alarming rise in prescription drug, and general drug abuse (i.e. use of glass bongs) abuse across the United States in recent years. New York has not been immune to this scourge, and legislators have chosen to take action. State statute prohibits the criminal sale of a controlled substance prescription, and conviction of this offense brings the potential for stringent sanctions including lengthy terms of incarceration.

The National Institute on Drug Abuse has confirmed that the problem of prescription drug abuse has skyrocketed and impacts individuals from all segments of society. Among the drugs most frequently abused despite being the subject of a prescription are: fentanyl, oxycodone, hydrocodone, meperidine, diazepam, amphetamines and alprazolam.

It should be noted that all of the above medications are capable of yielding important benefits to individuals who take them according to instructions given with a valid prescription, when they are abused, the have the ability to produce dire effects that are not unlike those of street drugs. The risk of harm is great, and that is why New York has initiated attempts to curb this very dangerous trend.

New York Penal Law 220.65

A key statutory provision in New York designed to battle back against the increase in prescription drug abuse is Penal Law 220.65. It renders it illegal for any physician, dentist, veterinarian, scientist, podiatrist or other person duly licensed to permit the use of a controlled substance to sell prescriptions that are unrelated to good faith execution of his or her professional duties.

Because the crime of settling a prescription is taken so very seriously in New York, the offense itself is categorized as a Class C felony. Conviction can bring up to 15 years in prison, including a minimum term of between 3 1/2 to 7 years if the defendant has a record of previous felony convictions. This is in addition to possible monetary penalties reaching up to $15,000, lengthy terms of probation, job loss, revocation of employment-related licenses and a range of other detrimental consequences.

Potential Defense Strategies in Prescription Drug Sale Cases

Though defendants often feel as though they are unlikely to prevail when it comes time to answer to a charge of criminally selling a prescription for controlled substances. It must be remembered, however, that in many cases there are viable defense tactics that can be raised with the help of an experienced attorney. It may be possible to successfully argue that the prescription underlying such an allegation was in fact written for a legitimate medical reason and in furtherance of professional duties. A defendant may also assert that the prescription at issue was written without any knowledge of intent on the part of a recipient to sell it.

Importance of an Aggressive Legal Defense

There can be no doubt that a conviction on a prescription drug-related charge in New York will have ripple effects that can last a lifetime. From long-term incarceration to onerous fines, the impact of being found guilty is something every accused individual must fight to avoid. Aligning with an experienced criminal defense practitioner as soon as possible is the best way to do just that.

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