In Texas, prescription fraud occurs when a person illegally acquires or distributes prescription drugs, particularly controlled substances. Convictions for prescription fraud are harsh. If convicted, you may face up to $10,000 in fines and up to 20 years in prison, depending on the circumstances of your case.
Being charged with prescription fraud is very stressful. You may worry about your future and feel unsure about what to do next. Fortunately, you do not have to go through the process alone. Our Houston prescription drug lawyer can guide you through it and advise on the next steps to take.
Common Examples of Prescription Fraud
There are a number of ways people are charged with prescription fraud. Some of the most common of these include:
- Creating fraudulent prescriptions: Taking prescription pads from a doctor and using them to write prescriptions is a common type of prescription fraud. People sometimes do this to obtain drugs for their personal use or to sell.
- Changing prescriptions: People may sometimes change prescriptions to obtain more refills or a higher dosage of a strong medication. Sadly, people often resort to these illegal acts when they become addicted to a drug and are trying to obtain more.
- Misrepresenting themselves as a doctor: Sometimes, people will call a pharmacy and misrepresent themselves as a doctor to order medication. This can result in criminal charges because it is a fraudulent way to obtain strong medication that requires a prescription.
Regardless of how prescription fraud occurs, it has very serious consequences for those convicted.
Penalties for Prescription Fraud
In Texas, the penalties for prescription fraud are covered in the Texas Health and Safety Code and the Texas Penal Code. The penalties resulting from a conviction depend on the type of charge a person is facing. The potential consequences are as follows:
- Fraudulently obtaining a controlled substance: This offense is generally classified as a felony and is punishable by 2 to 20 years in prison and a maximum $10,000 fine.
- Altering or forging a prescription: This felony offense is punishable by 2 to 10 years in prison and a maximum $10,000 fine.
- Possessing a fraudulent prescription: Depending on the type of drug involved, this offense can be classified as a Class A misdemeanor or a state felony. A conviction for a misdemeanor is punishable by up to $4,000 in fines. A felony conviction in these cases can result in 180 days to 2 years in jail.
- Unauthorized distribution: Charges of unauthorized distribution are extremely serious, and a conviction can lead to 5 to 99 years in prison.
Do Not Talk About Your Case
If law enforcement formally charges you with prescription fraud, or even contacts you to talk about the case, you may want to explain your side of the story. However, this is a mistake. Law enforcement will use anything you say against you. Do not speak to law enforcement until you have spoken to an attorney. Also, refrain from talking to your family members and friends about the case. Law enforcement may also contact these individuals and learn of statements you have made or actions you have taken, which may also hurt your case.
Collect Evidence that Can Help Your Defense
If a legitimate provider wrote you a valid prescription, it is important to collect copies of your appointment records, prescriptions, insurance statements, and any other relevant communication. It is critical to document evidence that proves someone else has used your name or credentials. These details are important when building your case, particularly if the charges stemmed from clerical mistakes or identity theft.
Contact an Experienced Criminal Defense Lawyer
All criminal cases involving prescription fraud are unique, and no two are exactly alike. Still, working with a League City criminal defense lawyer who has handled prescription fraud cases in the past is very helpful, as they will know how to approach your case. The most important evidence in these cases typically includes prescriptions, pharmacy records, surveillance footage, and in some cases, digital data from electronic devices and health systems. An attorney can determine if your rights were violated, if there were gaps in the investigation, or issues with the manner in which evidence was obtained.
Understand What the Prosecution Must Prove
In Texas, the prosecution must prove beyond a reasonable doubt that you intentionally and knowingly obtained, tried to obtain, or dispensed controlled substances through forgery, fraud, or deception to secure a conviction for prescription fraud. This could involve altering dosages, forging prescriptions, providing a pharmacy or provider with false information, or using another person’s prescription. If law enforcement or the prosecution has made a mistake or has taken things out of context, your lawyer may be able to show that the evidence does not support the charges against you.
Ask Your Lawyer About All Potential Outcomes
Not all prescription fraud cases go to trial. This is particularly true if the charges involved miscommunication or confusion, or if this is your first offense. Your lawyer may be able to negotiate for alternative sentencing such as diversion programs, probation, reduced charges, or a dismissal of your charges. Your attorney can outline these options and determine which one you should pursue based on the facts of your case.
Follow Your Attorney’s Advice
Once you have started working with a League City criminal defense lawyer, follow all of their advice closely. Do not discuss your case with anyone, alter any records, or try to contact witnesses. Take initiative by staying organized, attending any required meetings, and remaining cooperative with the defense strategy your lawyer has outlined.
Call Our Criminal Defense Lawyer in League City Today
If you have been charged with prescription fraud, it is important to take the matter very seriously. Still, being charged does not mean that you will be convicted or that it will define your future. With sound legal advice from our League City criminal defense lawyer at The Law Offices of Tad Nelson, you can take the steps that will protect your freedom, as well as your reputation. Call us today at 281-815-4640 or fill out our online form to schedule a consultation and to get the legal help you need.
