Criminal Law Questions? Ask a Criminal Lawyer.
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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.
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