Criminal Defense Lawyers

What are my rights if charged with prescription fraud?

What Are My Rights If Charged With Prescription Fraud?

Getting charged with prescription fraud can be really scary. You may be wondering what’s going to happen next and what your rights are. This article will walk you through the key things to know if you find yourself in this situation. We’ll cover the potential penalties, your legal rights, and some tips on building your defense.

Prescription fraud involves getting prescription drugs in an illegal way – like forging a prescription, doctor shopping to get multiple prescriptions, or altering a legit prescription. It’s a pretty common issue – the CDC says around 15,000 people die from prescription overdoses each year[3]. So if you’ve been charged, you’re definitely not alone.

Potential Penalties

The penalties really depend on the specifics of your case – like exactly what you did, if you have a prior record, and what state you’re in. But some potential consequences include:

• Jail time – misdemeanors may get up to 1 year, felonies could be multiple years
• Fines – these can be anywhere from a few hundred to thousands of dollars
• Probation – may have to report to a probation officer and follow rules
• Community service – be required to do a certain number of service hours
• License suspension – if you’re a healthcare pro, your license could be revoked
• Drug counseling or rehab – may have to complete a program

It’s scary to think about having your freedom taken away or paying huge fines. But getting the right legal help can really improve your chances of avoiding the worst outcomes. Which brings us to…

Your Legal Rights

Even though a prescription fraud charge is serious, you still have important legal rights. Here are some key ones:

• Right to remain silent – You don’t have to answer police questions without a lawyer
• Presumption of innocence – You’re innocent until proven guilty
• Right to an attorney – Get a lawyer to defend your interests
• Trial by jury – Your case would go before a jury of your peers
• Right to appeal – You can appeal if you disagree with the verdict

Knowing your rights will help you avoid accidentally saying something to incriminate yourself and give you confidence to push back if police or prosecutors overstep. Be sure to invoke your right to remain silent until your attorney is present.

Building Your Defense

While the charges against you may seem damning, there are often good defenses your attorney can use. For example:

• You had a legitimate prescription – If you can show the prescription was valid, not forged
• You didn’t knowingly commit fraud – You were unaware prescriptions were forged
• Entrapment – You were illegally coerced into the crime by police
• Misidentification – You were mistaken for the actual criminal
• Violation of your rights – Evidence was obtained illegally

Your attorney will investigate the details to figure out the best defense. Be honest with them and provide any evidence you have to show your innocence. Even if the case looks bad, don’t lose hope. There’s usually a path to getting charges reduced or even dismissed.

Getting an Attorney

Having an experienced criminal defense lawyer on your side is crucial for prescription fraud charges. Here are some tips for finding the right one:

• Look for someone experienced specifically with prescription cases. Check client reviews.
• Find someone local who knows the prosecutors and judges.
• Be sure they have tried many cases in front of juries.
• Personality fit is important too – make sure you feel comfortable.
• Ask about fees upfront – many offer free consultations.

You may be able to get a public defender appointed if you can’t afford a private attorney. These lawyers are often overloaded though, so hiring your own is ideal if possible. Don’t wait – call someone as soon as charges are filed.

Possible Next Steps

If you do get charged, the first step is getting bail set so you can be released as you await trial. The typical process goes:

1. Arrest
2. Booking – fingerprints, photos
3. Initial hearing – bail set
4. Arraignment – enter plea
5. Preliminary hearing – evidence presented
6. Grand jury hearing – jury decides on indictment
7. Pretrial motions – suppress evidence, etc.
8. Trial – jury decides guilt
9. Sentencing – if found guilty

There are lots of chances to get charges reduced or even dismissed before trial. So don’t panic if you get arrested – just focus on getting a lawyer on your side ASAP.

Dealing with Addiction

Prescription fraud often goes hand-in-hand with addiction. The trauma of getting charged can be a wakeup call to finally seek help. Here are some options if you’re struggling:

• Inpatient rehab – Live at a treatment facility for 1-3 months
• Outpatient – Attend regular therapy sessions and meetings
• 12-step programs – Free support groups like Narcotics Anonymous
• Counseling – Work with a therapist one-on-one
• Medication – Drugs like methadone can reduce cravings

Don’t be afraid to ask your lawyer for help finding treatment resources too. Getting clean can really help your case.

Stay Strong and Take Action

Getting arrested is scary and overwhelming. But you have more power than you realize. Learn your rights, get a good lawyer, and focus on building the strongest case possible. If addiction is involved, make getting healthy a priority too. With the right legal strategy and personal changes, you can get through this.

Sources:

[1] https://popcenter.asu.edu/content/prescription-drug-fraud-misuse-2nd-edition

[2] https://www.legalmatch.com/law-library/article/prescription-fraud.html

[3] https://www.bcbs.com/the-health-of-america/articles/signs-of-prescription-medication-fraud-and-how-stop-it

[4] https://www.justice.gov/opa/pr/pharmacist-convicted-1m-prescription-drug-fraud

[5] https://www.port-orange.org/453/Prescription-Fraud