Prescription Fraud Drug Lawyer Case Results in Mesa, Arizona
Client Charged With A Prescription Fraud Drug Crime in Mesa, Arizona
REDUCED SENTENCE & CHARGES DISMISSED
What should you do if you have been accused of taking medications from your place of employment in Mesa, Arizona? You should consult a drug crimes defense lawyer to safeguard your freedom and rights. It makes no difference whether the goal is to take these medicines for personal use or to resell them on the black market— prescription drug fraud is a crime.
For example, Ms. R, a nurse, was found in possession of Oxycodone HCL, a prescription medication that did not belong to her. She was then arrested and charged with Possession of a Dangerous Drug, a class 4 Felony. Still, with her lawyer's help, she was not incarcerated. Let’s provide more information about prescription fraud drug crimes in Mesa, Arizona.
Laws Regulating Prescription Fraud Drug Crime in Mesa, Arizona
When most people think of drugs, they typically picture cocaine, heroin, or other narcotics prohibited in Mesa, Arizona. However, prescription medications, readily obtainable at the local pharmacy, are among the most popular illegal substances.
While it is entirely legal to carry prescription medications, doing so without a prescription is against the law. Similarly, it is unlawful to receive a prescription medicine using a faked or illegally obtained prescription.
Arizona Revised Statutes 13-3406 outlines the law governing prescription medications. Without an authorized prescription written by a qualified individual, such as a doctor or a psychiatrist, it is unlawful to possess or use a prescription-only medicine purposely.
In addition, It is unlawful to administer medication to someone who does not have a prescription or possesses it for personal use without a prescription. The extensive scope of the law covers any medication only legitimately offered by physician recommendation. The most prevalent ones are as follows:
- Oxycodone
- Xanax
- Adderall
- Vicodin
- Valium
- Codeine
- Morphine
- Demerol
- Methadone
There are several reasons why people misuse pharmaceutical medications and commit prescription drug fraud crimes. They include:
- Many people have a legal prescription for the medicine but become addicted when it expires.
- Some people may pursue prescription drugs for recreational purposes.
- Prescription medications are more easily obtained from family members or associates.
- Prescription medications, in the opinion of some, are safer than other controlled substances.
- Some people misguidedly think that prescription meds legal.
The same section of the Statutes makes it illegal to get a prescription drug-using "fraud, deceit, misrepresentation, or subterfuge."
There are various ways for people to get fake prescriptions. Among them are:
- Using computer software to create a phony prescription
- Using another person's identity to get drugs
- Stealing a prescription notepad from a medical professional
- Changing an existing prescription to receive a different medicine or a different dosage of a substance
- Calling a pharmacist with a false prescription
- Taking medicine that was not prescribed for you
- Posing as a doctor with fraudulent identification to place an order for medication
- Obtaining prescription drugs from friends
Penalties for Prescription Drug Fraud in Mesa, Arizona
Using or having a prescription-only drug without a valid prescription and using or trying to use a prescription that was obtained fraudulently is a Class 1 misdemeanor. The crime bears a maximum jail sentence of six months and a maximum fine of $2500. The same penalty applies if you produce prescription medications or have chemicals or equipment for doing so in your possession.
However, you could be charged with a Class 6 felony if you are accused of having the drugs in your possession with the intent to sell them or bringing them into the state to sell. A class six felony gets a sentence of six to 18 months in jail. An amount of drugs above the legal threshold limit signifies the intent to sell.
All in all, your fine must be at least $1,000, regardless of whether you face felony or misdemeanor charges.
Though frequent, these accusations can be quite dangerous, especially for doctors, pharmacists, pharmacy staff, and other healthcare professionals who risk having their licenses suspended. Likewise, repeat offenders may face severe penalties, including jail time and further punishment.
Still, many prescription drug fraud offenses are settled using alternative sentencing strategies. Such strategies include diversion programs, drug courts, community service, and other initiatives. The most crucial thing to realize is that, with the right attorney, prison or imprisonment may not be your only option for a resolution to your case.
Possession of A Dangerous Drug in Mesa, Arizona
When an offender is discovered to possess a medication that can only be obtained through a prescription, such as oxycodone, they may occasionally be charged with possessing a dangerous substance. That was the case with Ms. R.
The possession of harmful drugs is forbidden by Arizona law. Possessing or consuming any dangerous substance, regardless of its form, is illegal. Dangerous substances include:
- Meth and other forms of amphetamines
- Hallucinogens like ketamine
- Drugs that depress the nervous system
- Testosterone and other anabolic steroids
Possession of a dangerous drug is a class 4 felony. However, the judge can decide to charge the offense as a class one (1) misdemeanor if the drug is neither methamphetamine nor amphetamine and the defendant has never been convicted of a felony.
Furthermore, probation may be the only punishment for people who meet the requirements of Arizona's Proposition 200. They will not receive a prison sentence.
The prosecutor may offer first-time offenders a diversion program like TASC (Treatment Assessment Screening Center) as an alternative to incarceration. TASC is a drug addiction treatment program that prioritizes rehabilitation over imprisonment.
In some circumstances, an offender might be ineligible for a Proposition 200 OR diversion program. A class 4 felony in such cases may result in probation, up to a year in jail, or between one and three and a half years in prison. If the person has prior felony convictions, these ranges rise.
The Case of the Client Charged With A Prescription Fraud Drug Crime in Mesa, Arizona
After getting a tip that a nurse was taking medications from a nursing facility, police officers started investigating Ms. R. Several nursing home staff and residents accused Ms. R of pretending to be a nurse to steal patients' prescription drugs.
As a result, Police officers searched Ms. R. They found Oxycodone HCL, a prescription drug that didn't belong to her. Subsequently, the police arrested Ms. R and charged her with Possession of a Dangerous Drug, a class 4 Felony.
Ms. R faced harsh penalties, including a lengthy prison sentence and high fines. However, our criminal defense lawyers vigorously defended her. In an effort to procure the best possible outcome, our criminal defense attorneys were in continual communication with the prosecutor's office. Our criminal defense attorneys worked to have Ms. R's charges reduced.
The Outcome of the Case
Ms. R consented to enter a guilty plea to a lesser charge. Due to the plea agreement, she was able to serve supervised probation rather than go to jail.
Conclusions
Defending yourself in court is necessary if you've been accused of taking medicines from your place of employment. A capable defense attorney for drug crimes must be at your side. Your attorney will explain the alleged crimes, your legal rights, and the best course of action to preserve your freedom.
WE HELP GET YOUR DRUG CHARGES AND PENALTIES REDUCED OR DROPPED.
The drug crime lawyers at Mesa Drug Lawyer have over 35 combined years of experience defending clients in the Mesa, Arizona area. We’ve helped clients receive reduced penalties, dismissed charges and flexible legal results that make it easier to move on after your case. View our recent case results to get a better idea of how our criminal defense drug crime attorneys provide first-class service to their clients.