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Criminal Defense Lawyer in Orlando, FL

Prescription Fraud Lawyer in Orlando, FL

The state of Florida has made a significant effort to eliminate prescription drug fraud and drugs in recent years, as it has become a big problem. There are two sides to this problem; those who misrepresent their physical condition to doctors to obtain prescription drugs they don’t need or the pharmacists and doctors who divert medications for their own use or use illegal methods to dispense drugs for their financial gain. 


Prescription Fraud Definitions and Penalties 


Under Florida Statute 831, it is illegal to obtain a prescription through fraud, deceit, misrepresentation, or forgery. You can face criminal charges if you have the following: 


  • Stollen a prescription pad from a doctor’s office 
  • Called in false prescriptions to a pharmacy 
  • Altered an existing prescription 
  • Forged a prescription 
  • Seen several different doctors to obtain the desired prescription 


If you are convicted for this crime you may face up to 60 days in prison and up to $500 in fines. The most commonly abused, misused, and fraudulently obtained prescription drugs in Florida are painkillers and anti-anxiety medications. These widely abused drugs include oxycodone, hydrocodone, methadone, morphine, Percocet, Darvocet, Xanax, and Valium. Another prescription drug that is abused extremely commonly is Adderall, which is prescribed for attention deficit hyperactivity disorder; however, it is often obtained by illegal means to help students focus while studying. 


Another Florida law involving prescription fraud is Florida Statute 893.13 which makes it illegal to possess a controlled substance except when it has been legally obtained through a valid prescription. This crime is a third-degree felony with a penalty of up to 5 years in prison and up to $5,000 in fines. This offense might be increased to a first-degree felony if you were caught possessing more than a certain amount set by the specific drug, resulting in up to 30 years in prison and a fine of up to $10,000. 


Florida Statute 893.13 also prohibits distributing controlled substances, refusing entry into premises for inspection, refusing to keep records required, or keeping a place used by people using controlled substances for illegally keeping or selling controlled substances. These crimes are first-degree felonies punishable by a maximum of 1 year in prison and $1,000 in fines. This statute also prohibits the following offenses: 


  • Possessing a prescription form unless the practitioner whose name is printed there has signed it
  • Withholding certain types of information from a practitioner that you are trying to get a prescription for a controlled substance
  • Acquiring or trying to acquire possession of a controlled substance by fraud
  • Placing a false or forged label on a package that holds a controlled substance 
  • Trying to get a controlled substance that is not medically necessary for you
  • Trying to get a controlled substance from a practitioner by using concealment, misrepresentation, forgery, fraud, deception, or subterfuge


If you are convicted for any of the above-listed offenses, you may face up to 5 years in prison and pay up to $5,000 in fines. 


Defenses to Prescription Fraud 


People get caught committing prescription fraud for a variety of reasons; often, pharmacists and doctors recognize that the patients’ conduct is suspicious, especially if they come back too often. Every case of prescription fraud is different and requires a unique defense. An experienced defense attorney will evaluate all the factors of your case in order to give you the best possible outcome. A defense strategy might include the following:


  • Drawing attention to an unlawful search and seizure to eliminate evidence obtained illegally 
  • Demonstrate that the police coerced the accused into providing an incriminating statement 
  • If defending a prescriber, you may prove that a physician wrote a prescription because a patient lied 
  • Consult investigators and drug crimes experts. 


Contact an Experienced Defense Attorney 


If you are being investigated or have been charged with prescription drug fraud, it is vital you contact a criminal defense attorney immediately in order to protect your freedom. The consequences of drug fraud can be steep, and having this charge on your record may affect your future. The lawyers at Hanlon Law are ready and able to advocate for your rights. We have valuable knowledge about the Orlando area courts and prosecutors to use in your defense. 


If you are facing prescription fraud charges in Orlando, Florida, contact the attorneys at Hanlon Law today.

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