FOLLOW US :
212-300-5196

White Glove Service. Excellent Results. Strong Reputation.

Read Our Reviews

DEA Search Warrant Lawyers

There are two types of DEA search warrants that can be used against your practice. If you’re prescribing, dispensing, controlled substances – there are immense legal risks of non-compliance with the CSA. 

When investigating health care providers, the DEA will either use the criminal search warrant, or an administrative inspection warrant.

Both should be taken seriously. But there are differences between the two. Each has potential ramifications.

Criminal Search Warrants

When the dea is working with other federal and state agencies, it has to get a search warrant from a federal judge. In these investigations, providers and their staff are protected by the 4th amendments, which doesn’t allow for unreasonable search and seizure. It means the dea/defense-lawyers/dea-order-to-show-cause-representation/”>DEA needs probable cause. In order to show probable cause, the dea has to submit an affidavit with facts showing there is health care fraud.

Federal criminal search warrants have requirements, and limits as well. For example, a search warrant has to be executed in a specific period of time. It has to be done during the daytime, unless there’s good cause for a nighttime execution, and the warrant has to be returned to a specific judge.

When it comes to patient files, billing information, etc, there are specifics on even how that data is treated. Warrants allow for the seizure of this information and a review of it, at a later time.

If criminal search warrants are issued without probable cause, or if the dea executes the warrant incorrectly, then any evidence obtained can be deemed inadmissible in court.

Administrative Inspection Warrants

The dea/defense-lawyers/preparing-for-a-dea-inspection/” >DEA has the authority to conduct administrative inspections, also known as audits, under the CSA. When the dea conducts an administrative inspection, their agents have several ways of getting information from health care providers.

The first way of getting information is presenting a Form 82. When the dea presents you with a Form 82, it has to get your consent before conducting the inspection. It means there is acknowledgement that the provider is aware, and isn’t required, to submit to the inspection. It also means any evidence obtained during the inspection can be used in subsequent administrative, or criminal, proceedings.

If you refuse informed consent after being presented with a Form 82, then the dea/defense-lawyers/nyc-dea-audits-investigations-lawyers/”>DEA has to obtain an administrative inspection warrant before continuing with the investigation. There are some exceptions that apply. For example, the dea isn’t required to get an administrative search warrant if any of the following apply:

  • the target of the dea-audit-and-investigation-lawyers/”>investigation is an applicant for initial DEA registration
  • the dea issued administrative subpoena for inspections of the healthcare providers books/records
  • there is an imminent threat to public safety

Unlike with criminal warrants, administrative inspection warrants can be issued even without proof of probable cause. The dea-investigation-lawyers/”>DEA simply has to explain the investigation, the item/information needed as a result of it. Unlawfully refusing to comply can result in your arrest. Any provider whose served with an administrative inspection warrant should speak to a qualified dea/defense-lawyers/dea-drug-diversion-lawyers/”>DEA defense lawyer immediately.

The dea is known to conduct random inspections, as well as inspections triggered by whistleblowers. These investigations are administrative in how they begin, but can result in serious consequences:

Regardless of whether you have been served with a criminal search warrant, administration inspection warrant, or Form 82, you must speak to an experienced dea defense lawyer.

 


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

FREE CONSULTATION

Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

Spodek Law Group

White Glove Service

We provide superior service, excellent results, at a level superior to other criminal defense law firms. Regardless of where your case is, nationwide, we can help you.



Hear From Our Clients

"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

"Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

"Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
Read Our Reviews
Get In Touch

Schedule Your Consultation

Los Angeles

555 W 5th St 35th floor, Los Angeles, CA 90013

212-300-5196



get directions

Queens

35-37 36th St, 2nd Floor Astoria, NY 11106

212-300-5196



get directions

NYC

85 Broad St 30th Floor, New York, NY 10004

212-300-5196



get directions

Brooklyn

195 Montague St., 14th Floor, Brooklyn, NY 11201

212-300-5196



get directions

Call Us