Not all recreational drugs are illegal per se. Some are legal prescription drugs that users obtain by creating fraudulent prescriptions or by persuading a medical professional to write unnecessary prescriptions for them.
Stracci Law Group has represented many individuals facing prescription fraud charges, and we have helped many of our clients secure favorable outcomes. If you are facing charges for any type of prescription drug fraud, contact a prescription drug fraud lawyer at Stracci Law Group by calling (219) 525-1000 for a free consultation. We serve clients throughout Northwest Indiana, including Hammond, Crown Point, and Valparaiso.
What Is Prescription Fraud?
Prescription fraud is the unauthorized provision or receipt of prescription drugs through some form of deceit. It can take many forms. The people who commit prescription fraud include users, patients, and doctors. The most commonly abused prescription drugs include:
Many other prescription drugs are commonly abused as well.
Types of Prescription Fraud
Prescription fraud takes many forms, including (but not limited to) the following scenarios:
- A patient gives or sells prescription medication to someone who they know has no medical need for it
- “Doctor shopping,” where someone visits several doctors to obtain multiple prescriptions
- Lying to the doctor to obtain a prescription (known as “malingering”)
- Stealing prescription pads to forge prescriptions
- A doctor who writes a prescription for a patient with no medical need
- A doctor who writes excessive prescriptions for a patient
All of these activities are serious crimes under Indiana law.
Penalties for Prescription Drug Fraud
The penalties for prescription drug fraud are quite serious. Penalties include:
- Up to 30 months in prison for a first offense and up to six years for a second offense
- Fine of up to $10,000 for first and second offenses, not including court costs and other fees
- The minimum sentence for a first offense is set at six months
Other Crimes Associated With Prescription Fraud
Many prescription drug fraud offenses are inextricable from other crimes. If you obtain morphine without a prescription, for example, you can also be charged with illegal possession of a controlled substance since possession of morphine without a prescription or some other authorization is illegal. Other charges that prosecutors often impose in conjunction with prescription fraud include:
- Identity theft
- Theft, and
How Do We Defend You Against Prescription Drug Charges in Northwest Indiana?
You might be able to use a number of possible defenses against prescription drug fraud:
- You had a valid medical need for the substance in question. Testimony from your doctor might help here
- An informant who provided evidence in your case is untrustworthy
- The police obtained evidence against you in violation of your Fourth Amendment rights against illegal search and seizure
- The police failed to “read you your rights” (resulting in the invalidation of any confession
- You did not intentionally misrepresent your medical condition to your doctor
- The prosecutor did not prove your guilt beyond a reasonable doubt (insufficient evidence)
Dozens of more possible defenses might be available, depending on the specific facts of your case.
Need a Prescription Fraud Defense Lawyer? Call Stracci Law Group!
The experienced Indiana criminal defense lawyers at Stracci Law Group have successfully represented thousands of criminal defendants. We offer relentless, aggressive representation to get you the best possible outcome.