Prescription fraud charges not only threaten your freedom but can also irreparably damage your reputation and professional life. At this time, what you need most is legal guidance from a defense attorney who handles prescription fraud cases.
This is where Chudnovsky Law can help you. With an award-winning team of prescription fraud attorneys in Los Angeles, we have the skill and experience to handle your case and aim for the best outcome.
Table of contents
- Why Choose Us
- What Is Prescription Fraud?
- What to Do After a Prescription Fraud Incident
- Contact a Los Angeles Prescription Fraud Lawyer Today
Why Choose Us
Chudnovsky Law has over 75 years of combined experience and has successfully handled over 8,000 cases and trials. Our Los Angeles criminal defense lawyers are recognized among the top 100 trial lawyers by the National Trial Lawyers Association, and clients and professional colleagues alike consistently endorse their excellence.
With accolades and ratings across multiple platforms—including a 10.0 Superb Rating on AVVO and 5-Star ratings on Google, Martindale-Hubbell, Findlaw, and Lawyers.com—you can rest assured that you placed your case in good hands.
Our offices are strategically located throughout California, including in Los Angeles, Orange County, Long Beach, Santa Monica, and Santa Barbara, making it easier for you to access premier legal representation no matter where you are.
What Is Prescription Fraud?
Prescription fraud is the unlawful acquisition or distribution of prescription medications. This offense can manifest in multiple ways, such as forging prescriptions, altering legitimate prescriptions, or acquiring medications through deceit.
Even if you previously had a prescription for a drug, you cannot possess the medication without a current prescription in your name.
Prescription fraud charges can arise from many circumstances and allegations. If the police arrest you for prescription fraud, you should invoke your right to remain silent and then inform officers that you want to discuss your situation with our criminal defense attorneys.
Legal Classifications and Penalties in California
The law considers it a crime to forge or alter a prescription, to present a false or altered prescription to a pharmacy, or to possess medications secured through a fraudulent prescription.
- Misdemeanor Charges: If it's your first offense and the amount of the drug acquired is relatively minor, you may face a misdemeanor charge. Misdemeanor charges for prescription fraud can result in up to one year in county jail, a fine of up to $1,000, or both.
- Felony Charges: If you have a history of similar offenses or the quantity of drugs involved is significant, you can face felony charges. A felony conviction for prescription fraud can result in 16 months to three years in a state prison, along with fines that can go up to $20,000.
- Loss of Professional Licenses: Another serious consequence of prescription fraud is the potential loss of professional licenses. If you hold a professional license—be it in healthcare, law, or another field—a conviction can result in disciplinary action that may include the revocation or suspension of your professional license.
- Enhanced Penalties: Penalties can increase for prescription fraud in connection with a more severe crime, such as drug trafficking or the illegal sale of prescription medications.
Given the severity of penalties associated with prescription fraud, it is best to consult with a lawyer. The team at Chudnovsky Law, including highly experienced attorneys like Tsion Chudnovsky and Robert K. Weinberg, has an excellent track record in handling criminal cases and can offer guidance tailored to your situation.
If you're facing accusations of violating California's legal statutes on prescription fraud, you need the strongest defense possible.
What to Do After a Prescription Fraud Incident
If you find yourself accused of prescription fraud, there are some immediate steps you can take to protect your rights:
Do Not Make Statements
When facing an accusation of prescription fraud or any other criminal charge, one of the first and most important steps to protect yourself is to refrain from making any statements to law enforcement officers without legal representation present.
While you may want to defend yourself immediately, hoping to clear up any misunderstandings, speaking to officers without an attorney can have serious and often irreversible implications for your case.
Law enforcement can and likely will use anything you say against you in court. They can twist or interpret even seemingly innocent comments in a way that implicates you in the alleged crime. For instance, admitting that you visited the pharmacy that filled the fraudulent prescription, even for legitimate reasons, can place you at the scene and make you appear guilty.
Remember, law enforcement officers have training in interrogation techniques. They know how to ask questions that aim to make you slip up and incriminate yourself. It is easy to fall into traps by experienced interrogators. This creates an imbalance of power that you shouldn't underestimate.
Making statements without an attorney present can also complicate the legal process further down the line. Any inconsistencies between what you initially tell law enforcement and what you later assert in your defense can later challenge your credibility. Having your credibility questioned can negatively affect every aspect of your defense, from the chances of getting bail to the outcome of your case.
When you have our attorneys by your side, we can advise you on what questions you should or shouldn't answer and how to phrase your responses in a way that protects your interests. We can also object to inappropriate or leading questions, maintaining a more controlled and safer environment for you.
Your Right to Remain Silent
It's important to note that remaining silent cannot be used against you in a court of law. The U.S. Constitution, through the Fifth Amendment, guarantees your right against self-incrimination. Politely but firmly asserting your right to remain silent until your attorney arrives is often the wisest course of action.
Retain Legal Counsel
When you find yourself in a legal issue involving prescription fraud or any other criminal charges, one of the most important steps you can take is to retain legal counsel immediately.
Contacting Chudnovsky Law as soon as possible can make a difference in how your case unfolds. From the earliest stages of the investigation to the conclusion of your case, having our guidance can be the decisive factor between a conviction and an acquittal or between harsh penalties and more lenient ones.
Retaining Chudnovsky Law early in the process allows us to intervene immediately, potentially even before charges are filed. This proactive approach can sometimes result in the dismissal of charges or at least in minimizing the impact of the legal proceedings on your life.
We can advise you on the legal issues surrounding prescription fraud, represent you during questioning, and provide a defense strategy tailored specifically to your case.
So don't wait; the sooner you contact Chudnovsky Law, the more effectively we can protect your rights and achieve the most favorable outcome possible for your situation.
Taking immediate action helps us to collect and secure any evidence that may support your case against allegations of prescription fraud. Gathering relevant documents, records, and other types of evidence can help build a strong defense strategy.
The evidence we collect can serve multiple purposes: it may prove your innocence, mitigate the charges, or at least provide the information needed to negotiate a plea deal.
One of the most important pieces of evidence might be your medical records, which may include your medical history, list of prescribed medications, and any relevant communications with healthcare providers. These documents can establish the legitimacy of your prescriptions, thereby countering the fraud allegations.
Original prescriptions or duplicates can also be valuable, as they show the medications you're legitimately allowed to have. Make sure to have any related pharmacy records we can review.
Text messages, emails, or any other written communications between you and your healthcare providers can serve as evidence. This can also extend to communications with pharmacists or any other parties implicated in the case.
More subjective, personal testimony can also play a role in your defense. Healthcare providers can confirm the legitimacy of a prescription or friends and family members can corroborate your account of events.
If the incident occurred in a location with security cameras, such as a pharmacy, securing a copy of the surveillance footage may offer a definitive account of what transpired.
Our lawyers assess all the evidence against you and in your favor. Also, we can ensure that the evidence gets presented in a legally admissible and persuasive manner during motion or trial proceedings.
Combining your collected evidence with the experienced legal representation provided by Chudnovsky Law increases the likelihood of a favorable outcome. With their extensive experience in criminal and prescription fraud defense, our attorneys can sift through the evidence, identifying the most advantageous ways to use it in your defense strategy.
Our understanding of California's legal landscape, coupled with our decades of practical experience, provides you with an advantage in fighting the charges leveled against you. So, as you handle the beginning stages of a prescription fraud charge, collect and secure evidence early on. By doing so, you not only aid your defense but also actively participate in the fight for your own justice.
Follow Legal Advice
Follow your attorney's advice to secure the successful outcome of your case, especially in complex legal matters like prescription fraud. The American legal system can be perplexing with its numerous rules, deadlines, and procedures. Even a minor mistake can have significant repercussions, possibly resulting in severe consequences such as imprisonment, fines, or loss of professional licenses.
Our lawyers have extensive education and practical experience, making them valuable guides throughout this process. We provide tailored advice that considers factors like your criminal history, existing evidence, and the specifics of your case.
By closely following this customized advice, you enable our attorneys to implement a legal strategy designed to achieve the most favorable outcome possible.
Legal advice is also dynamic, evolving as your case progresses. Our attorneys will take both preemptive and reactive steps based on new developments.
For instance, we may initially advise you to gather certain kinds of evidence or to refrain from talking to law enforcement officials without legal representation. As the case unfolds, we may alter our advice depending on actions taken by the prosecution. Disregarding these recommendations can undermine your case and put you at a disadvantage.
Our attorneys have ethical and legal obligations to act in your best interest. This professional obligation sets us apart from well-meaning friends or family who may offer informal advice. Our attorneys' guidance can help you proceed in a manner that achieves the most positive outcome possible to your criminal case.
Following our attorneys' advice also helps preserve your constitutional rights. Whether it's your right to remain silent during interrogations or your right to a fair trial, we serve as a guardian of these protections. Not having our counsel can unintentionally result in the forfeiture of these vital rights.
Lastly, a strong attorney-client relationship relies on mutual trust. Following our attorneys' recommendations fosters this trust, leading to better communication and collaboration throughout the legal process. You need this trust when it's time to go to court, because it allows us to represent you more effectively. Therefore, listening to our recommendations and diligently following legal processes are key steps in fighting your case effectively.
Contact a Los Angeles Prescription Fraud Lawyer Today
Don't let a prescription fraud charge derail your life. With our diverse and experienced team of defense attorneys, Chudnovsky Law is ready to fight for you.
Tsion Chudnovsky, Robert K. Weinberg, Suzanne M. Crouts, David A. Stein, and Nicole K. Enyart each brings their unique strengths to our practice, making us one of the most formidable defense firms in California.
From understanding the intricacies of prescription fraud to successfully going to federal court, we've got you covered. Contact us today at (213) 212-5002 for your free, confidential consultation, and let us put our experience to work for you.