Prescription Drug Fraud & Doctor Shopping Charges

Fighting Prescription Drug Fraud and Doctor Shopping Charges

Prescription drug fraud and doctor shopping are serious offenses that can result in felony charges and jail time. However, with an experienced criminal defense attorney on your side, you may be able to get the charges reduced or even dismissed. This article provides an overview of prescription fraud and doctor shopping laws, typical penalties, and legal defense strategies.

What is Prescription Drug Fraud?

Prescription drug fraud involves deceiving doctors or pharmacists to illegally obtain prescription medications. Common examples include:

• Forging or altering prescriptions – Changing the drug name, quantity, dosage, or doctor’s signature on a real prescription.
• Stealing blank prescription pads – Taking prescription pads from doctors’ offices and writing fraudulent prescriptions.
• Pharmacy shopping – Visiting multiple pharmacies to fill prescriptions in order to obtain more than the prescribed amount of medications.
• Identity theft – Using someone else’s insurance or medical information to fill prescriptions.

What is Doctor Shopping?

Doctor shopping refers to seeing multiple doctors to obtain similar prescription medications without telling them about the other prescriptions. For example, visiting different doctors to get multiple prescriptions for opioids or stimulants.

Most states have laws against doctor shopping, including Arizona. Prosecutors may charge doctor shopping under prescription fraud or drug diversion laws.

Prescription Drug Fraud Penalties

Prescription fraud charges can vary widely depending on the specific crime:

• Forgery – Class 4 to 6 felony with 1 to 2.5 years prison.
• Theft/identity theft – Class 3 to 6 felony with 2.5 to 12 years prison.
• Pharmacy shopping – Class 5 felony with 2 years prison.

Penalties increase for repeat offenders or those with prior felonies. Additional consequences can include fines up to $150,000 and restitution.

Doctor Shopping Penalties

Doctor shopping laws also carry stiff penalties, such as:

• Up to 9 years in prison in Florida.
• Up to 7 years in prison in Texas.
• 5 years in prison in Arizona.

Those convicted may also face fines over $150,000 and drug rehab. States are cracking down hard on doctor shopping with long jail sentences even for first-time offenders.

Common Legal Defenses

Skilled prescription fraud lawyers and doctor shopping defense attorneys can often get charges reduced or dismissed. Below are some examples of effective legal defenses:

• No intent to deceive – For example, showing that altered prescriptions were due to mistakes rather than intentional fraud.
• Lack of knowledge – Proving that you were unaware certain prescriptions could not be legally taken together.
• Unlawful search – Getting evidence thrown out if it was obtained through an illegal search.
• Entrapment – Arguing that police improperly induced you into committing the crime.
• Misfill defense – When a pharmacist makes an error filling a legitimate prescription.

An attorney can also negotiate with prosecutors for pretrial diversion programs or reduced charges in exchange for rehab and community service.

How an Attorney Can Help

The complexity of prescription drug and doctor shopping laws underscore the importance of retaining an experienced criminal defense lawyer. An attorney can help by:

• Conducting an independent investigation of what occurred.
• Identifying improper police procedures that violate your rights.
• Negotiating with the prosecutor for reduced or dismissed charges.
• Guiding you through drug rehab programs and community service.
• Developing an overall legal strategy focused on getting charges dropped or penalties minimized.

Don’t take chances with your future and contact a dedicated prescription fraud or doctor shopping lawyer today. They will aggressively defend your rights at every stage from investigations and arrests through trials and appeals. The stakes are high, but with an attorney’s help, you can move forward with your life.