Can I go to jail for prescription forgery?

Hey there! If you’re worried about potential legal trouble from prescription forgery, I totally get it. I used to stress about that stuff all the time. This can be a scary situation, but knowledge is power, right? Let’s break it down together so you understand what’s going on and what could happen. I’m no lawyer, but I’ll walk through the basics in plain English so you’ve got a game plan.

What exactly is prescription forgery?

Prescription forgery is when someone intentionally fakes, alters, or changes a prescription without permission from the prescribing doctor. This includes things like:

• Changing the drug name, strength, quantity, or directions on a real prescription
• Making a prescription from scratch using a fake doctor’s name or stolen prescription pad
• Photocopying or scanning a real prescription to get more refills
• Calling in a phony prescription while posing as a doctor or patient

The key part is that it’s done on purpose to get drugs dishonestly. If you make an innocent mistake or there’s a mix-up at the pharmacy, that’s different and not usually illegal.

What laws apply to prescription forgery?

There are a few main laws that can come into play with prescription forgery:

• Federal law – Forging prescriptions for controlled substances like opioids, stimulants, and sedatives is a federal crime under the Controlled Substances Act. It’s punishable by up to 4 years in prison.
• State laws – Most states also have their own laws prohibiting prescription forgery. Penalties vary but can include several years in jail or prison.
• Insurance fraud – Altering a prescription to get insurance to cover more pills may also violate insurance fraud laws. This can lead to additional fines and imprisonment.
• Medical practice laws – Masquerading as a doctor to call in fake prescriptions breaks laws against practicing medicine without a license, which is a felony in some states.

So in summary – yes, prescription forgery can land you in legal hot water with both federal and state prosecutors! The exact charges depend on the circumstances.

What are the penalties and sentences for prescription forgery?

The penalties for prescription forgery and fraud can be severe:

• Up to 4 years in federal prison for each forged controlled substance prescription, and fines up to $250,000.
• State prison sentences of 1-10+ years in most states, and fines ranging from $1,000-$100,000+.
• Some states charge prescription forgery as a felony, while others prosecute it as a misdemeanor.
• Repeat offenders and those caught with large quantities of pills face stiffer sentences.
• Probation or parole may also be required after release.

It’s no slap on the wrist, that’s for sure. These criminal penalties are in addition to civil liability or license discipline for doctors and pharmacists involved.

What are some legal defenses to prescription forgery charges?

Now, just because you’re charged doesn’t mean you’ll be convicted. There are viable legal defenses that could get the charges reduced or dismissed. A knowledgeable criminal defense lawyer can help argue:

• You had a valid prescription – Mistakes happen and the prescription may be legitimate.
• You had permission to alter the prescription from the prescribing doctor.
• The prescription was changed to correct an error, not deceive.
• You had a lawful reason to possess the prescription, like as a caretaker.
• You had no intent to defraud – it was an honest mistake.
• You have an addiction and need treatment, not jail time.
• There are procedural errors in how evidence was collected or charges filed.

Raising reasonable doubt about criminal intent and proving mitigating circumstances can help get charges reduced or dismissed through plea bargaining. Diversion programs may also be an option to avoid conviction.

What are the consequences of a prescription forgery conviction?

Beyond jail or prison time, a conviction for prescription forgery or fraud can really mess up your life for years to come:

• A permanent criminal record that hurts job, housing, and loan applications.
• Lost professional licenses – Doctors and pharmacists convicted will lose their ability to prescribe or dispense medications.
• Difficulty getting health insurance due to a drug conviction.
• Deportation if you are a non-citizen visa holder.
• Potential child custody issues or CPS involvement.
• Difficulty traveling abroad to countries that ban entry for drug offenses.

And if you’re caught committing prescription forgery while on probation or parole, you face additional incarceration time for violating release conditions. It can spiral out of control fast.

Are there any options besides criminal charges?

Before throwing the book at you, prosecutors may offer alternatives like:

• Diversion programs – Complete drug counseling and community service to avoid charges.
• Deferred adjudication – Charges dismissed after a probationary period.
• Plea bargains – Plead guilty to reduced charges to get a lighter sentence.

These options allow you to avoid conviction through cooperation and rehabilitation. An experienced lawyer can advise if any programs are available in your case.

What should I do if charged with prescription forgery?

If you’re being investigated or charged, it’s vital to get legal help immediately. Here are some tips:

• Remain silent and avoid self-incrimination – don’t talk to police without an attorney.
• Hire an experienced criminal defense lawyer to protect your rights.
• Your lawyer can negotiate reduced charges or divert you to a treatment program.
• Be honest with your lawyer so they can build the best defense.
• Follow all court orders – skipping court dates makes you look guilty.

With an aggressive legal defense, there are options to avoid harsh punishment. But acting quickly is key.

The bottom line on prescription forgery:

I know this is a lot to digest. But basically, yes – forging or altering prescriptions is a serious crime that can land you behind bars. The penalties are stiff. However, an experienced criminal defense attorney may be able to negotiate reduced charges, get evidence suppressed, or admit you to a diversion program. So if you’re facing allegations, don’t panic – get experienced legal help right away to protect your rights. There are ways to mitigate the consequences. Wishing you the very best!

Let me know if you have any other questions! I’m happy to help walk you through this.

References:

Controlled Substances Act
Prescription Fraud Laws – FindLaw
CA Penal Code 113 – Prescription Forgery
Prescription forgery facts – RxAbuse.org
DOJ Pharmaceutical Fraud Brochure