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A.S.B., Esq.
A.S.B., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 148
Experience:  I am an Assistant District Attorney, and former criminal defense attorney.
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I have recently been assigned to diversion after being arrested

Customer Question

I have recently been assigned to diversion after being arrested for illegally calling in vicodin prescription. I had no criminal record.
The problem is I had callled in other prescritpions 3 times BEFORE I got caught. I have not admitted to these. Can these be found out later and I get re-tried. Would I not be a first time offender even though I was convicted at a later date than the crime?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  A.S.B., Esq. replied 5 years ago.

First and foremost, thank you for choosing justanswer.com. I am a licensed criminal defense attorney and member of the American Bar Association.

 

You state you had called in other prescriptions 3 times before being caught. You ask, if found out later, whether you can be charged with them and the answer is yes, although it is unlikely they will be discovered. A pharmacy will file a criminal complaint immediately upon discovering a forgered or altered prescription. The fact they did not file charges against you tells me they simply didn't catch onto you. By now all evidence would have been tossed and, thus, I think you are safe from these earlier crimes.

 

Next, you ask if you would be considered a first time offender if charged with the other three violations (if I am understanding correctly). The answer is: no, you would not be considered a first time offender. You would not be considered a first time offender because of your previous contact with the system even though these incidents occurred prior to the situation you were given diversion for. In other words, you would not be considered a first time offender because you have what amounts to a conviction on your record.

 

I hope this helps. Please, click "Accept" if you found my answer helpful so I may receive credit for my response. You can still ask follow up questions even after click "Accept" if you need further guidance on this situation. Thank you and good luck to you!!!

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