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What should I do if charged with prescription forgery?
What to Do If Charged With Prescription Forgery
Getting charged with prescription forgery can be scary. You may be wondering what’s going to happen next and what you should do. The good news is there are steps you can take to protect yourself and your rights. This article will walk you through the basics so you can make informed decisions if you find yourself in this situation.
What is Prescription Forgery?
Prescription forgery involves changing or creating a prescription without authorization from the prescribing doctor. This could mean:
– Altering the quantity or type of medication on a real prescription
– Making a fake prescription from scratch
– Stealing a doctor’s prescription pad and writing out fake prescriptions
– Photocopying or scanning a real prescription to obtain more medication than was prescribed
Most states have laws against prescription forgery, since it involves deceiving pharmacists and obtaining controlled medications illegally. Charges can include prescription fraud, forgery, identity theft, and drug possession.
What Happens After Being Charged?
If you are charged with prescription forgery, here’s a quick overview of what to expect in the initial stages:
- You will be arrested and taken into police custody for booking.
- You will have a chance to make a phone call and will be informed of your rights.
- You will have an opportunity to post bail to be released until your court date.
- Prosecutors will file formal charges against you, such as “prescription forgery” or “obtaining a controlled substance by fraud.”
- You will be arraigned and have a chance to enter a plea at your initial court hearing.
After being charged, the next steps depend on whether your case goes to trial or ends in a plea deal. But in either case, having an experienced criminal defense lawyer on your side can make all the difference.
Get a Lawyer Immediately
The most important thing to do if charged with prescription forgery is to hire a criminal defense attorney right away. An experienced lawyer can help protect your rights, negotiate with the prosecution, and defend you in court if necessary.
Don’t wait to get legal help – the earlier your lawyer can get involved, the better. A lawyer can advise you on whether to answer police questions and how to approach the arraignment. In some cases, they may be able to get charges reduced or even dismissed before trial.
When hiring a lawyer, look for someone with specific experience defending prescription fraud and forgery cases. Understand the potential penalties you’re facing so you can find an attorney equipped to fight them.
Consider Your Defense Strategy
Your lawyer will evaluate the evidence against you and decide what defenses could apply in your case. Common prescription forgery defenses include:
- You had permission: For example, you had permission from the original patient to pick up or fill their prescription. Or you had approval from the prescribing doctor to alter a legitimate prescription.
- Mistaken identity: Someone impersonated you to pass the forged prescription without your knowledge.
- Duress: You were forced or coerced into committing prescription forgery by threats of harm.
- Lack of intent: You did not knowingly commit forgery or intend to defraud anyone.
- Wrongful arrest: Police lacked probable cause for your arrest, making any evidence obtained invalid.
An experienced lawyer can assess whether any of these defenses could apply to your case. They may also negotiate with prosecutors for reduced charges or pretrial diversion programs.
Consider the Consequences
Prescription fraud charges often come with serious penalties that can impact the rest of your life. That’s why it’s critical to have legal guidance when facing these accusations. Possible consequences include:
- Prison time – Years behind bars if convicted, depending on your state laws.
- Fines – Maximum fines of $10,000 or more in most states.
- Probation – Strict supervision including drug testing and limitations on travel or activities.
- Permanent criminal record – Which can limit job, housing, and other life prospects.
- License suspension – For medical practitioners charged with prescription forgery.
In addition to criminal penalties, a civil lawsuit is possible if others suffered damages from your alleged actions. With so much at stake, take any charges very seriously and get a lawyer’s help protecting yourself.
Be Cautious When Talking to Police
If questioned by police or investigators, it’s wise to exercise your right to remain silent until your attorney is present. Be polite but firm that you will not answer substantive questions without your lawyer. Anything you say can potentially be used against you.
Your lawyer can handle interactions with law enforcement on your behalf and make sure your rights are protected. They will also advise you on whether to participate in a police lineup or provide handwriting or DNA samples.
Cooperate with police only on administrative matters like providing your name and address. But do not discuss anything about prescriptions or your case without legal guidance.
Seek Help for Addiction Issues
While it does not excuse criminal actions, many prescription forgery cases do involve underlying addiction problems. If that is true in your situation, get help both for your legal case and your personal health.
Your lawyer may be able to get you into a drug court or diversion program that provides supervision and addiction treatment. Being proactive about getting sober can help show you are taking responsibility and committed to positive change.
In addition to rehab programs, counseling, 12-step programs, and outpatient treatment can help you overcome prescription drug dependence. Addressing addiction and mental health struggles will improve your wellbeing in the long run.
Take Things One Step at a Time
Getting arrested and criminally charged causes immense stress. It’s normal to feel overwhelmed about what will happen and scared about the future. But take a deep breath and focus on taking one step after another.
Hire a lawyer, be cautious when talking to police, consider your defense strategy, and don’t rush into any hasty decisions. Listen to your lawyer’s advice and let them handle interactions with the court system.
With an experienced attorney guiding you, it is possible to successfully resolve prescription forgery accusations and move on with your life. Stay positive and keep looking ahead to better days.
The Bottom Line
Dealing with criminal charges like prescription forgery can be daunting. But having a knowledgeable lawyer on your side can help you navigate the legal process, protect your rights, and achieve the best possible outcome. Don’t go it alone – consult with a defense attorney immediately for trusted advice and representation.
With commitment to positive change and determination to fight the charges, you can survive this challenge. It may take time and effort, but there are always options and hope for getting past this. Stay strong and keep moving forward.