How Attorneys Avoid Jail Time for Prescription Drug Fraud

How Attorneys Avoid Jail Time for Prescription Drug Fraud

Prescription drug fraud is a growing problem across the United States. This type of fraud occurs when someone deceives a doctor or pharmacist to obtain prescription drugs illegally. Attorneys are not immune to struggles with prescription drug addiction and abuse. However, lawyers who face criminal charges for prescription fraud have several defenses that can help them avoid jail time.

Common Ways Attorneys Commit Prescription Fraud

There are a few common methods attorneys use to commit prescription drug fraud crimes:

• Altering existing prescriptions to get more pills or higher doses
• Using their credentials as attorneys to pressure doctors for prescriptions
• Exploiting professional relationships with doctors to obtain prescriptions without medical need
• Faking injuries or illnesses to get doctors to prescribe medications
• Visiting multiple doctors to get multiple prescriptions for the same medications (“doctor shopping”)

Most attorneys who face prescription drug charges have underlying addictions. Their criminal activities often start small when prescriptions run out. But over time, the addiction escalates, and they take increasing risks to get more drugs.

Laws Governing Prescription Drug Fraud

In California, laws like Health and Safety Code Section 11173 specifically target prescription fraud. This law bars people from using deceit, concealment, or misrepresentation to obtain controlled prescription medications.

Penalties under Section 11173 depend on whether the charges are misdemeanors or felonies. Misdemeanors carry up to 1 year in county jail. Felonies, however, can result in up to 3 years in state prison.

Prosecutors typically charge prescription fraud under Section 11173 as misdemeanors for first-time offenders. But if there are aggravating factors – like larger quantities of drugs or prior convictions – prosecutors often file felony charges instead.

Defenses Attorneys Use to Avoid Jail Time

When facing prescription drug charges, attorneys have several effective defenses to avoid jail time:

Lack of Criminal Intent

A key element of criminal fraud charges is criminal intent. The prosecution must prove the attorney intended to commit fraud – not just that fraud occurred.

Addiction is a powerful disease. So it is often plausible for defense lawyers to argue their clients’ judgment was too impaired to form true criminal intent.

No Misrepresentations

If medical records show a doctor was aware of the attorney’s full prescription history, it helps fight fraud charges. With no evidence the attorney made misrepresentations to the doctor, it becomes difficult to prove deceit.

Coerced Statements

Another defense angle is attacking the admissibility of the defendant’s statements to police or medical professionals. If defense lawyers can successfully argue these statements were coerced or given when the defendant was under duress from withdrawal, judges may suppress them from evidence.

Diversion Programs

Perhaps the most effective way for lawyers to avoid jail time for prescription fraud charges is through diversion programs. These programs allow first-time offenders to get drug treatment in lieu of criminal sentencing.

Once attorneys successfully complete treatment through a diversion program, the court dismisses the charges against them. So there is no conviction, prison time, or permanent criminal record.

Plea Bargains

Similarly, attorneys can negotiate plea bargains with favorable outcomes like reduced charges. Misdemeanor pleas with probation and outpatient treatment allow lawyers to avoid felony convictions and incarceration.

Over 95% of criminal cases end in plea bargains instead of trials. So negotiating pleas is an extremely common tool used across the legal profession.

How Lawyers Get Help for Addiction

Beyond legal defenses against criminal charges, attorneys also need help to treat prescription drug addiction itself. Lawyers’ professional lives often enable and exacerbate prescription drug abuse.

The legal field is demanding, high-stress, and rife with ethical gray areas. Attorneys frequently have ready access to medications through professional contacts. They are also conditioned to push limits and bend rules. And lawyers fear damage to their professional reputations if addiction issues become public.

These factors make addiction recovery exceptionally difficult for attorneys. But there are resources available to help lawyers get sober:

State Bar Associations

Most state bar associations now have programs to help attorneys get counseling and addiction treatment confidentially. These programs aim to help lawyers recover without professional discipline or loss of licensure.

Rehabilitation Centers

There are also rehabilitation centers that cater specifically to attorneys and other high-powered professionals. These facilities understand lawyers’ unique needs and challenges. They offer comprehensive treatment that allows attorneys to maintain their practices while getting sober.

Support Groups

Support groups like Lawyers Concerned for Lawyers provide peer support, counseling, interventions, and referrals to treatment programs. These groups help lawyers navigate threats addiction poses to their practices.

Therapy & Counseling

It is critical for attorneys to address underlying mental health factors contributing to addiction issues. Individual and group therapy helps lawyers develop healthier coping mechanisms for the innate pressures of the legal profession.

With the right help, attorneys can overcome prescription drug addiction, avoid criminal penalties, and continue practicing law. Defenses like diversion programs and plea bargains are very effective. But the key is combining legal defenses with treatment, counseling, and support.

Addiction is extremely difficult for any profession. But with an empathetic, therapeutic approach, lawyers can get their lives back on track and keep representing their clients.