Prescription Fraud and Doctor Shopping Defense Attorney | California HS § 11173

Prescription drug fraud, commonly known as doctor shopping, is a serious crime under California Health & Safety Code § 11173. This offense involves obtaining or attempting to obtain controlled substances like Vicodin, Oxycontin, or Adderall through deceptive means, including fraud, misrepresentation, or forgery. Examples of fraudulent actions include visiting multiple doctors to secure prescriptions, falsifying records, or exaggerating symptoms to obtain medication.

In Los Angeles, the state aggressively prosecutes prescription drug fraud, given its connection to the opioid crisis and the increasing misuse of prescription medications. Depending on the circumstances, this offense may be charged as a misdemeanor or felony, with penalties ranging from fines and probation to significant jail time and a permanent criminal record. These consequences highlight the importance of having skilled legal representation to protect your future.

If you or a loved one is facing prescription drug fraud charges in Los Angeles, contact our office immediately at (310) 448-1529 to schedule a free consultation and begin building your defense.

Understanding Prescription Fraud in California

Prescription drug fraud refers to obtaining or attempting to obtain controlled substances through deceitful or illegal means. These actions may include forging prescriptions, providing false information to medical professionals, or misrepresenting oneself to access restricted medications. The law is specifically designed to combat the misuse of highly addictive prescription drugs, such as opioids, sedatives, and stimulants.

This statute aims to address both individual misuse and larger public health concerns, including the opioid epidemic. Prescription drug fraud is a distinct criminal offense because it directly involves healthcare providers, pharmacists, and controlled substances regulated by federal and state law.

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    Common Prescription Fraud Schemes and Doctor Shopping Tactics

    • Doctor Shopping: Visiting multiple physicians or clinics to obtain overlapping prescriptions for the same controlled substance without disclosing prior treatments.
    • Forged Prescriptions: Altering legitimate prescriptions or creating counterfeit ones to obtain unauthorized medications.
    • Misrepresentation: Providing false information to medical professionals, such as exaggerating symptoms, to secure a prescription.
    • Pharmacy Hopping: Filling prescriptions at multiple pharmacies to exceed prescribed quantities.
    • Identity Fraud: Using another person’s identity or insurance information to unlawfully obtain prescription drugs.

    What Must the Prosecution Prove in a Prescription Fraud Case?

    To secure a conviction for prescription drug fraud, the prosecution must prove several critical elements beyond a reasonable doubt. First, it must establish that the defendant knowingly engaged in fraudulent actions, such as forging a prescription or providing false information to a healthcare provider. The act must be deliberate and intended to obtain a controlled substance.

    Second, the prosecution must prove intent to deceive or misrepresent facts, such as lying about symptoms to receive medication or altering a prescription for a higher dosage. Without intent, the charges may not hold. Finally, the substance in question must qualify as a controlled substance under California’s Controlled Substances Act. These include opioids (Vicodin, Oxycontin), stimulants (Adderall, Ritalin), and sedatives (Xanax, Valium). If even one of these elements is not proven, the case against the defendant may fail, allowing for a strong defense strategy. By breaking down these elements, a knowledgeable defense attorney can identify weaknesses in the prosecution’s case and work toward a dismissal or reduction of charges.

    What are the Penalties of a Doctor Shopping Conviction?

    Misdemeanor Prescription Drug Fraud

    If charged as a misdemeanor, prescription drug fraud carries the following penalties:

    • Jail Time: Up to 1 year in county jail.
    • Fines: Up to $1,000, plus court fees and assessments.
    • Probation: Courts often impose probation with conditions such as drug education, counseling, and regular check-ins.

    Felony Prescription Drug Fraud

    For more serious cases, prescription drug fraud may be charged as a felony, especially when the offense involves large quantities of controlled substances or repeated acts of fraud. Felony penalties include:

    • Prison Sentence: 16 months, 2 years, or 3 years in state prison.
    • Fines: Up to $10,000.
    • Probation or Parole: Lengthy probation periods with strict conditions or parole following incarceration.

    Long-Term Impacts of a Prescription Fraud Conviction

    A permanent criminal record is one of the most significant impacts, as it can appear on background checks, limiting your ability to secure employment, housing, or educational opportunities. For healthcare workers or other licensed professionals, a conviction could result in the loss of professional licenses or certifications, effectively ending your career in certain fields. Non-citizens face particularly severe consequences, as a prescription drug fraud conviction could lead to deportation or other immigration-related challenges. Additionally, courts often impose restitution orders requiring defendants to compensate victims, such as pharmacies or insurance companies, for financial losses related to the fraudulent activities. These far-reaching consequences highlight the importance of having an experienced criminal defense attorney to advocate for your rights and minimize the impact of these charges on your future.

    Defenses to Prescription Fraud and Doctor Shopping Charges

    Facing charges for prescription drug fraud under Health & Safety Code § 11173 can be overwhelming, but a skilled criminal defense attorney can help you challenge the accusations and protect your future. The defense strategies used will depend on the specifics of your case, but common and effective defenses include the following:

    One of the strongest defenses is lack of intent to commit fraud. Prescription drug fraud charges require the prosecution to prove that you acted with the intent to deceive or misrepresent facts in order to obtain controlled substances. If you made an honest mistake, such as forgetting to disclose a prior prescription to a new doctor or misunderstanding medical advice, your attorney can argue that there was no criminal intent behind your actions.

    Another critical defense is mistaken identity or lack of evidence. Prescription drug fraud often involves forged prescriptions, false identities, or doctor shopping. If the prosecution cannot provide clear evidence linking you to the fraudulent activity—such as surveillance footage or documentation of a forged prescription—the charges may not hold. Your attorney can challenge the credibility of evidence, pointing out inconsistencies or procedural errors.

    A skilled attorney can also argue that the prescription was medically necessary or obtained lawfully. If you can demonstrate that the prescription was issued by a licensed medical professional for legitimate medical purposes, this can undermine the prosecution’s case. Additionally, if the controlled substance was in your possession for a valid reason—such as a family member giving you their medication in an emergency situation—this may be a strong defense.

    Another powerful defense is raising the issue of unlawful search and seizure. If law enforcement officers violated your Fourth Amendment rights by conducting a search or seizure without probable cause, a valid warrant, or proper procedure, your attorney can file a motion to suppress any evidence obtained unlawfully. Without this evidence, the prosecution may have no case against you.

    In some cases, entrapment by law enforcement may be a viable defense. If undercover officers coerced or pressured you into committing prescription fraud in a way that you would not have otherwise, your attorney can argue that you were unfairly targeted. Entrapment defenses are especially relevant in cases involving undercover investigations of pharmacies or medical facilities.

    Can Diversion Programs Help Avoid a Prescription Fraud Conviction?

    Prescription fraud is not typically eligible for California’s drug diversion programs, such as those under Proposition 36 or Penal Code § 1000, as these programs are designed for nonviolent drug possession offenses. However, with the help of an experienced attorney, it may be possible to petition the court to reduce your charges to an eligible offense, such as simple possession, which could qualify you for diversion.

    Attorney Hashemi can also negotiate alternative sentencing options, such as probation or enrollment in a treatment program, to help you avoid incarceration. These options depend on the specifics of your case, your criminal history, and your willingness to participate in rehabilitation efforts.

    Speak with a Prescription Fraud Defense Attorney in Los Angeles Today

    At The Law Offices of Arash Hashemi, our experienced criminal defense attorney will meticulously examine every aspect of your case, from the circumstances of your arrest to the evidence presented by the prosecution. We will identify weaknesses in the state’s case and use them to negotiate reduced charges or seek dismissal. Our attorney will also advocate for alternative sentencing options, such as probation or treatment programs, whenever possible.

    Prescription drug fraud cases require a comprehensive defense strategy tailored to your unique circumstances. With over 20 years of experience, Attorney Arash Hashemi has successfully defended clients against complex drug-related charges in Los Angeles. We are committed to protecting your rights, minimizing the impact of these charges, and guiding you toward the best possible outcome. Contact us today to discuss your case.

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