Despite their therapeutic qualities, some prescription drugs can be highly addictive leading to drug-seeking behavior on the part of patients. The opioid epidemic has trapped many otherwise law-abiding citizens into a terrible trap; wherein those who are living with legitimate pain cannot always access the prescriptions that they need. This can lead to accusations of prescription fraud or doctor shopping.
Prescription fraud occurs when an individual forges or otherwise falsely obtains a prescription for a controlled substance. It may also occur when an individual appears to be making false or misleading statements to a medical practitioner for the purposes of obtaining a prescription. The law regarding this offense in the State of Florida is as follows:
Florida Statute § 831.30 — It is a second-degree misdemeanor for the first offense and a first-degree misdemeanor for the second or subsequent offense, if a person falsely makes, alters, or forges any prescription for a medicinal drug. An individual must knowingly cause such prescription to be falsely made, altered, forged, or counterfeited; or passes, utters, or publishes such prescription or otherwise knowingly hold out such false or forged prescription as true.
If you or a loved one have been alleged to have committed prescription fraud, it is important to obtain legal counsel immediately to prepare your defense.Prescription Fraud Lawyer in Broward County, FL
If you or a loved one have been accused of prescription fraud in the State of Florida, you must retain legal counsel immediately. The Hoffman Firm can assist with prescription fraud charges in the State of Florida.
Evan A. Hoffman is an experienced criminal defense attorney in Fort Lauderdale who represents clients accused of drug offenses in Pompano Beach, Lauderhill, Coral Springs, Dania Beach, Plantation, and many nearby areas in Broward County. He can review your case and help you understand your legal options as soon as you call (954) 524-4474 to schedule a free, confidential consultation.
Prescription Fraud Punishments and Defenses in Florida
The potential punishment for prescription fraud in the State of Florida depends on the severity of the offense, but in general those accused face up to 60 days in prison and an up to 500 dollar fine for their first offense.
Several defenses exist for those charged with prescription fraud, and your attorney can better help you to understand all of your legal options.
In general, those charged with prescription fraud or doctor shopping can argue before the court the following:
- That their prescription was filled in good faith.
- That the accused was not aware that their prescription was forged or otherwise falsely procured.
- That the accused had to the best of their knowledge disclosed all of their prescriptions to their medical practitioner.
- That the accused visited different medical practitioners for distinct purposes.
- That the accused is using the prescription “off-label” to treat a valid medical condition.
- That the accused has a valid medical condition that may be treated with the prescription they obtained.
If you or a loved one has been charged with prescription fraud in the Fort Lauderdale area, you must retain legal counsel as soon as possible. The Hoffman Firm defends all cases related to prescription drug offenses in Broward County, including Pembroke Pines, Cooper City, Deerfield Beach, Hollywood, Hallandale Beach, and several other surrounding communities.
Fort Lauderdale criminal defense attorney Evan A. Hoffman has experience handling these types of cases on both sides of the aisle as a former Assistant State Attorney for the Broward County State Attorney’s Office. You can let him evaluate your case during a free initial consultation as soon as you call (954) 524-4474 or fill out an online contact form today.