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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19694
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I have a medical assistant who on her own volition, has come

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I have a medical assistant who on her own volition, has come forward and admitted to having a durg abuse addiction to percoset. She has forged some of my prescriptions to write prescriptions for herself. This has gone on for about two months, during which time, the actual pill count has not been any more than quite a few of my other patients who have chronic pain issues.

My questions are:
1) Does the fact that she self identified herself prior to anyone finding out lend her to get some leniency?

2) Does the amount, which is not exhorbitant also benefit her?

3) Does the fact that she only wrote for herself, and not for others having any beneficaial bearing on the situation?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 6 years ago.

Has your employee been arrested or been reported to the police? What state are you in?

Thank you.
Customer: replied 6 years ago.
We are in the Army and fall under UCMJ, currently serving in Iraq. She has not been arrested or reported to the military police yet, but I will have to do that shortly. My Judge advocate officer says he can't speak to me about another soldiers situation. So I am turning to you for some information as to what I may expect for my soldier, who I respect and want to help mitigate the punishment.
Expert:  Marsha411JD replied 6 years ago.

Thank you for the additional information. All those actions you mentioned should act to mitigate any punishment that she may be awarded if she is court martialed. Having said that, there may be aggravating factors as well. Those might be if she had any prior history of this sort of activity or her professional actions were affected by her abuse. My recommendation at this point is that you report her as soon as possible so that you too are not implicated in some sort of dereliction issues, and that you recommend to her if she is taken into custody, that she request to speak to an attorney before she makes any statements. That will help protect her from making statements that might be inconsistent or not in her best interest. Once she speaks to a JAG Officer and gets his or her recommendations and representation, then she will have a better idea of what she should or shouldn't say to military police.
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