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Category: Criminal Law
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Experience:  30 years legal experience
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One of my perscriptions for a pain pill was turned into the

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One of my perscriptions for a pain pill was turned into the pharmacy with refill authorizations. I did not notice the refills and turned in the script to the pharmacy anyways. Three days later the police contacted me for questioning. The doctor has stated that the perscription was forged. I explained that I picked up the perscription from my doctor, then ran a few errands, including going back to work before going to the pharmacy to fill it. It is in MY name, and I gave them hand writing samples. What can I expect from the police from this point on, and should I get an attorney
Submitted: 7 years ago.
Category: Criminal Law
Expert:  LawTalk replied 7 years ago.
Good morning,

I'm sorry to hear of your dilemma.

I'm confused as to how it is that the doctor gave you a prescription, and then claimed that he had not given you one. Did the doctor perhaps claim that only part of the prescription was forged?

The forging of narcotic prescriptions is a very serious matter and can, in many cases, be charged as a felony.

If you have already given the police your handwriting exemplar, the next step from them will either be, 1. you'll hear nothing more from them, or, 2. they may seek an arrest warrant against you, or an indictment, and you will be picked up and taken to jail.

Under these very strange circumstances, I would suggest that you immediately contact a criminal defense attorney. Something just doesn't add up and your freedom is at risk.

I wish you the best.

Best regards,

Doug

Customer: replied 7 years ago.
The doctor claims that only part of the perscription was forged, the refill amount. This happened over a week ago, and I have been questioned once. I work in healthcare and explained to the police that I knew this certain prescription was not refillable but did not notice that refills were authorized on MY script. Will my handwriting be sent off to an expert and if so how long does that take?
Expert:  LawTalk replied 7 years ago.
Good afternoon,

While a handwriting expert might be consulted with initially, they may not as well. You can be charged based on the fact that the doctor says that he/she did not write the refill portion of the script before they handed it to you. At any rate, it takes only a matter of minutes for a handwriting expert to form an opinion whether your handwriting is on the script. So, if there is an expert in the same department that is investigating this incident, they may already have an opinion.

Because there is a possibility that a good defense attorney could possibly attack the chain of custody of the script, or assist you in obtaining a handwriting comparison, you shouldn't wait until you are arrested to at least set up defense counsel in the event anything further happens.

I wish you the best in fighting this allegation.

Best regards,

Doug

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