Criminal Defense Lawyers

What are my rights if charged with prescription fraud?

What Are My Rights If Charged With Prescription Fraud?

Getting charged with prescription fraud can be really scary. You may be wondering what’s going to happen next and what your rights are. This article will walk you through the key things to know if you find yourself in this situation. We’ll cover the potential penalties, your legal rights, and some tips on building your defense.

Prescription fraud involves getting prescription drugs in an illegal way – like forging a prescription, doctor shopping to get multiple prescriptions, or altering a legit prescription. It’s a pretty common issue – the CDC says around 15,000 people die from prescription overdoses each year[3]. So if you’ve been charged, you’re definitely not alone.

Potential Penalties

The penalties really depend on the specifics of your case – like exactly what you did, if you have a prior record, and what state you’re in. But some potential consequences include:

• Jail time – misdemeanors may get up to 1 year, felonies could be multiple years
• Fines – these can be anywhere from a few hundred to thousands of dollars
• Probation – may have to report to a probation officer and follow rules
• Community service – be required to do a certain number of service hours
• License suspension – if you’re a healthcare pro, your license could be revoked
• Drug counseling or rehab – may have to complete a program

It’s scary to think about having your freedom taken away or paying huge fines. But getting the right legal help can really improve your chances of avoiding the worst outcomes. Which brings us to…

Your Legal Rights

Even though a prescription fraud charge is serious, you still have important legal rights. Here are some key ones:

• Right to remain silent – You don’t have to answer police questions without a lawyer
• Presumption of innocence – You’re innocent until proven guilty
• Right to an attorney – Get a lawyer to defend your interests
• Trial by jury – Your case would go before a jury of your peers
• Right to appeal – You can appeal if you disagree with the verdict

Knowing your rights will help you avoid accidentally saying something to incriminate yourself and give you confidence to push back if police or prosecutors overstep. Be sure to invoke your right to remain silent until your attorney is present.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Building Your Defense

While the charges against you may seem damning, there are often good defenses your attorney can use. For example:

• You had a legitimate prescription – If you can show the prescription was valid, not forged
• You didn’t knowingly commit fraud – You were unaware prescriptions were forged
• Entrapment – You were illegally coerced into the crime by police
• Misidentification – You were mistaken for the actual criminal
• Violation of your rights – Evidence was obtained illegally

Your attorney will investigate the details to figure out the best defense. Be honest with them and provide any evidence you have to show your innocence. Even if the case looks bad, don’t lose hope. There’s usually a path to getting charges reduced or even dismissed.

Getting an Attorney

Having an experienced criminal defense lawyer on your side is crucial for prescription fraud charges. Here are some tips for finding the right one:

• Look for someone experienced specifically with prescription cases. Check client reviews.
• Find someone local who knows the prosecutors and judges.
• Be sure they have tried many cases in front of juries.
• Personality fit is important too – make sure you feel comfortable.
• Ask about fees upfront – many offer free consultations.

You may be able to get a public defender appointed if you can’t afford a private attorney. These lawyers are often overloaded though, so hiring your own is ideal if possible. Don’t wait – call someone as soon as charges are filed.

Possible Next Steps

If you do get charged, the first step is getting bail set so you can be released as you await trial. The typical process goes:

1. Arrest
2. Booking – fingerprints, photos
3. Initial hearing – bail set
4. Arraignment – enter plea
5. Preliminary hearing – evidence presented
6. Grand jury hearing – jury decides on indictment
7. Pretrial motions – suppress evidence, etc.
8. Trial – jury decides guilt
9. Sentencing – if found guilty

There are lots of chances to get charges reduced or even dismissed before trial. So don’t panic if you get arrested – just focus on getting a lawyer on your side ASAP.

Dealing with Addiction

Prescription fraud often goes hand-in-hand with addiction. The trauma of getting charged can be a wakeup call to finally seek help. Here are some options if you’re struggling:

• Inpatient rehab – Live at a treatment facility for 1-3 months
• Outpatient – Attend regular therapy sessions and meetings
• 12-step programs – Free support groups like Narcotics Anonymous
• Counseling – Work with a therapist one-on-one
• Medication – Drugs like methadone can reduce cravings

Don’t be afraid to ask your lawyer for help finding treatment resources too. Getting clean can really help your case.

Stay Strong and Take Action

Getting arrested is scary and overwhelming. But you have more power than you realize. Learn your rights, get a good lawyer, and focus on building the strongest case possible. If addiction is involved, make getting healthy a priority too. With the right legal strategy and personal changes, you can get through this.

Sources:

[1] https://popcenter.asu.edu/content/prescription-drug-fraud-misuse-2nd-edition

[2] https://www.legalmatch.com/law-library/article/prescription-fraud.html

[3] https://www.bcbs.com/the-health-of-america/articles/signs-of-prescription-medication-fraud-and-how-stop-it

[4] https://www.justice.gov/opa/pr/pharmacist-convicted-1m-prescription-drug-fraud

[5] https://www.port-orange.org/453/Prescription-Fraud