Prescription Fraud Lawyers

Facing federal prescription drug charges can be intimidating and stressful. At Perlman Defense Federal Criminal Lawyers, we specialize in defending clients against these serious allegations. Our experienced team of defense lawyers understands the stakes and is dedicated to protecting your rights. Crimes involving prescription medication are prosecuted vigorously.

Medical professionals write prescriptions intending to help people. If these prescriptions are misused, it could become a criminal case.

Learn more about prescription drug fraud below. Then, contact our prescription fraud lawyer to schedule a free initial consultation.

Federal Prescription Drug Charges

Federal prescription drug charges can arise from various activities, including fraud, illegal distribution, prescription forgery, and misuse of prescription medications. Federal authorities take these charges very seriously, and the penalties can be severe.

Convictions can result in significant fines, lengthy prison sentences, and lasting impacts on your professional and personal life. Having a knowledgeable criminal defense attorney and team on your side is crucial to fight these charges.

The federal government has strict laws and regulations governing prescription drugs to prevent abuse and illegal distribution. Agencies like the DEA, FBI, and FDA actively investigate and prosecute prescription fraud cases. Being charged with a federal prescription drug offense means you could face the full might of the federal government.

It would help if you had a valid prescription for a controlled substance, and having illegal prescription drugs can result in criminal charges. Our team at Perlman Defense has the expertise and experience to challenge their findings and defend your rights.

Federal Laws Governing Prescription Drugs

Federal laws governing prescription drugs are designed to control these medications' manufacture, distribution drug possession, and use. The Controlled Substances Act (CSA) is a key piece of legislation that classifies drugs into different schedules based on their potential for abuse and medical value. Violating these laws can lead to severe penalties, including fines and imprisonment.

Common Types of Prescription Fraud

Prescription fraud can take many forms; some common examples include:

Doctor Shopping

Doctor shopping involves visiting multiple doctors to obtain multiple prescriptions for the same medication. This practice is illegal and can lead to serious federal charges.

Law enforcement agencies use prescription monitoring programs to track and identify patterns of doctor shopping. If caught, you could face severe penalties, including prison time and fines.

Forging or Altering Prescriptions

Forging or altering prescriptions involves changing or creating fake prescriptions to obtain medications. This is a serious federal offense that can result in heavy penalties.

Pharmacies and doctors are trained to spot fake prescriptions; many use electronic systems to verify them. Getting caught with a forged prescription can lead to severe legal consequences.

Illegal Distribution and Sale of Prescription Drugs

Illegal distribution and sale of prescription drugs involve selling medications without authorization. Federal authorities heavily prosecute this activity due to the potential for abuse and addiction.

Penalties for illegal possession and distribution can include long prison sentences and substantial fines. This could even involve drug trafficking. A strong legal defense is necessary to challenge these charges and protect your rights.

Prescription Pad Theft

Prescription pad theft involves stealing prescription pads from doctors to write illegal prescriptions. Federal law enforcement treats this crime seriously due to the potential for large-scale medication distribution. Convictions can lead to harsh penalties, including incarceration and fines. Defending against these charges requires a detailed understanding of federal laws and investigative techniques of law offices.

Legal Penalties for Prescription Fraud

Prescription fraud convictions can lead to severe penalties; some of these include:

Federal Sentencing Guidelines for Prescription Fraud

Federal sentencing guidelines for prescription fraud consider factors like the quantity of drugs involved and the defendant's criminal history. These guidelines help determine the severity of the penalties, which can include significant prison time. Judges follow these guidelines closely, but there can be some flexibility based on the specifics of the case.

Possible Fines and Restitution

Convictions for prescription fraud often come with substantial fines and restitution. Fines can be hefty, reaching tens of thousands of dollars, depending on criminal conviction and the severity of the offense. Restitution involves compensating victims for any financial losses resulting from the fraud. These financial penalties can be burdensome and impact your ability to recover after a conviction.

Incarceration and Probation

Incarceration is a common penalty for serious prescription fraud offenses, with sentences ranging from several months to years. Probation may be offered as an alternative to imprisonment or following a prison term. Probation conditions can be strict, requiring regular check-ins with a probation officer and compliance with specific rules. Violating probation terms can lead to additional jail time and penalties.

The exact number of years you could face in prison depends on several factors. These include the nature of the drugs in question, the quantity, and any past criminal history. We believe in innocence until proven guilty but also represent you at sentencing. We always fight for your best interests.

Impact on Professional Licenses and Careers

A prescription fraud conviction can severely affect professional licenses and careers, especially in healthcare. Doctors, nurses, and pharmacists may lose their licenses, preventing them from practicing their professions. The conviction can also damage your reputation and limit future job opportunities. Defending against these felony charges is essential to protect your professional life.

Common Defenses Against Prescription Fraud Charges

• Challenging the legality of search and seizure: One common defense is to argue that the evidence was obtained through an illegal search and seizure. If law enforcement violated your Fourth Amendment rights, any evidence obtained may be inadmissible in court, significantly weakening the prosecution's case against you.
• Proving lack of intent: To secure a conviction, the prosecution must prove that you had the intent to commit fraud. This can be a strong defense if you can show that you did not knowingly or intentionally engage in fraudulent activity. Lack of intent might be demonstrated through evidence of legitimate medical need or misunderstanding.
• Questioning the evidence: Scrutinizing the prosecution's evidence for inaccuracies or inconsistencies can be an effective defense strategy. This includes examining the chain of custody of the evidence and any potential mishandling. Discrediting the reliability of the evidence can cast doubt on the prosecution's case.
• Medical necessity: This can be used as a defense if you were legitimately seeking medication for a valid medical condition. Demonstrating that you had a genuine need for the prescription can help show that there was no intent to defraud. This defense often involves providing medical records and expert testimony.
• Entrapment: Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. If you were coerced or pressured by authorities into committing prescription fraud, this defense can be used. Proving entrapment involves showing that the idea for the crime originated with the police, not you.

Defense Strategies for Prescription Fraud Charges

Defending against prescription fraud charges requires a strategic approach. At Perlman Defense, we use various techniques to the legal system to protect your rights and achieve the best possible outcome:

• Challenging the validity of evidence: We scrutinize the evidence against you to identify any inconsistencies or illegalities. This can include questioning how the evidence was obtained and whether it was handled correctly.
• Proving lack of intent or knowledge: Demonstrating that you did not intend to commit fraud or were unaware of the illegal nature of your actions can be a strong defense. This requires thorough investigation and presentation of supporting evidence.
• Identifying procedural errors in the investigation: Law enforcement must follow specific procedures during their investigations. Any deviations or errors can be grounds for dismissing evidence or charges.
• Negotiating plea agreements and sentencing reductions: In some cases, negotiating a plea agreement can result in reduced charges or lighter sentences. We work to achieve the most favorable outcome for you.

Frequently Asked Questions (FAQs)

If you're facing prescription fraud charges, you likely have many questions; here are some common questions and answers:

Contact Perlman Defense Federal Criminal Lawyers

If you're facing federal prescription fraud charges, contact Perlman Defense Federal Criminal Lawyers today. Our experienced team is dedicated to providing the best defense possible. We understand the serious nature of these charges and are here to fight for your rights.

Call us now to schedule a free case consultation.