Criminal Defense Lawyers

Prescription Theft Charges

Prescription Theft Charges: An In-Depth Look for Lawyers

Prescription theft and fraud is a growing problem across the United States. As attorneys, it’s important we understand the implications of these charges for our clients. In this article, we’ll take an in-depth look at prescription theft charges – from how investigators identify fraud to potential defenses clients may have.

To start, let’s define prescription fraud. It involves obtaining medication through deception, misrepresentation, or theft. This includes things like forging or altering prescriptions, stealing prescription pads, or “doctor shopping” to get multiple prescriptions. The most common motivations are financial gain (selling the medications) or feeding an addiction. But the core element for a charge is that the person acquires the medication illegally.

So how do investigators identify potential prescription fraud? There’s a few key factors they look for:

• Multiple prescriptions from different doctors – This is a red flag for “doctor shopping.” Investigators check state databases to see if someone is getting simultaneous scripts from various providers.
• Filling at multiple pharmacies – Similarly, filling prescriptions at many different pharmacies can indicate deception to avoid detection. Investigators will review pharmacy records.
• Script doesn’t match the diagnosis – Does the medication align with the patient’s medical needs? For example, getting Oxycodone without a legitimate pain condition.
• High frequency fills – Filling a script much sooner than indicated or getting refills too frequently can signal misuse.
• Cash payments – Paying cash when insurance should cover a legitimate script can indicate the person is hiding their tracks.
• Quantities or dosages exceed norms– An unusually high quantity or dose can mean the person intends to misuse or sell the medication.
• Criminal history – Previous drug offenses make investigators more skeptical of legitimacy.
• Tips or reports – Tips from pharmacists, doctors, or acquaintances often initiate investigations.
• Sudden changes in finances – Unexplained income sources, like from selling diverted medications, will raise eyebrows.

(See this article for more details on investigators tactics.)

When representing clients charged with prescription theft, there are several potential defenses we can consider:

• Lack of intent – If the client was unaware the script was fraudulent or had no intent to misuse the medication themselves.
• Valid prescription – The script came from a real doctor in a legitimate doctor-patient relationship. Needs evidence to back it up.
• Misfilled prescription – The pharmacy made an error in filling the script that led to confusion.
• Unknowing possession – The client unknowingly came to possess the medication through no fault of their own.
• Coercion – Someone else used coercion or threats to force the client into the situation.
• Misidentification – The client was mistakenly identified and did not actually commit the alleged acts.
• Medical necessity – A doctor can sometimes justify larger quantities if there is a valid medical need.
• Procedural errors – How the evidence was collected or handled may have violated process.

(See this post for more potential defenses in prescription fraud cases.)

It’s also imperative we inform clients of the potential penalties if convicted of prescription theft or fraud. These are serious charges that can include:

• Felony charges – Prescription fraud is often charged as a felony offense.
• Fines – Maximum fines in the thousands of dollars.
• Probation – Likely probation for 1-5 years.
• Jail time – Potential for months or years in jail.
• License suspension – Loss of a medical, pharmacy, or other professional license.
• Drug counseling – Mandated counseling or treatment programs.
• Permanent criminal record – Which can limit future job opportunities, ownership rights, voting rights, etc.

As you can see, prescription theft charges carry steep consequences. But there are often viable defenses, so thorough investigation and preparation is key. Be sure to analyze the specifics of each case closely. Look for procedural mistakes, credibility issues, conflicts in evidence, and avenues like rehab that show the client taking responsibility. Also advise clients to be cooperative, but not overshare information that could undermine their case.

Handling prescription fraud cases takes care and nuance. But ultimately, our job is to humanize the client. Many times there are underlying issues like addiction or financial hardship at play. Have compassion, but don’t let that cloud the legal strategy. With dedication and tenacity, we can strive for the best possible outcomes for our clients.

This overview just scratches the surface when it comes to prescription theft charges. Reach out with any other questions! I’m always happy to discuss details and strategy.