Drug Crimes Lawyers: Prescription Medications
Understanding Prescription Drug Abuse in New York
New York is one state that punishes all drug use, including prescription medication. While you will not face as hefty charges as narcotics, New York is working to cut down on the prescription fraud that has become a problem for the state. The charges start as basic misdemeanors and range to class C felonies. This means you may be looking at only a year in prison, or could face up to 15 years.
In New York, there is a crime you commit when you abuse prescription medication called the criminal Diversion of Prescription Medications. This crime means you either knowingly receive (outside of a prescription), deliver, transfer, or get money in exchange for prescription medicine. This is true whether you need or do not need the medication. You are only allowed to receive medication from an authorized dealer, and you must have a current prescription to be filled. The law has four degrees of criminal activity.
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(212) 300-5196Fourth Degree
With the fourth degree, you have knowingly committed a crime but it is only a misdemeanor. It is considered a class A misdemeanor, but is punishable by time in jail. You can face up to one year in prison, but a defense attorney can get that reduced based on past behavior.
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Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
