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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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What would I be looking at for 2 counts of prescription forgery

Customer Question

What would I be looking at for 2 counts of prescription forgery in the State of Texas. It wasn't a control substance it was an antibiotic. And it's my first offense
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

Are you a pharmacist?

Did you steal a prescription pad and write the prescriptions?

Thanks
Customer: replied 1 year ago.
Am a pharmacy tech. The place were I worked at is a low level income clinic and as clinic policy it was the job of the pharmacy to keep the RX pads in the pharmacy and give them out to the nurses as they would request them.
Expert:  xavierjd replied 1 year ago.
Hi Val,

Thanks for the information. I want to look up a couple of things for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 1 year ago.
Sure
Expert:  xavierjd replied 1 year ago.
Hi Val,

Texas Statute Sec. 483.045-Forging or Altering a Prescription states:

a) A person commits an offense if the person:

(1) forges a prescription or increases the prescribed quantity of a dangerous drug in a prescription;

(2) issues a prescription bearing a forged or fictitious signature;

(3) obtains or attempts to obtain a dangerous drug by using a forged, fictitious, or altered prescription;

(4) obtains or attempts to obtain a dangerous drug by means of a fictitious or fraudulent telephone call; or

(5) possesses a dangerous drug obtained by a forged, fictitious, or altered prescription or by means of a fictitious or fraudulent telephone call.

(b) An offense under this section is a Class B misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this chapter, in which event the offense is a Class A misdemeanor.

 

Class B misdemeanors carry punishments of a fine of up to $2000, and/or a jail sentence of up to 180 days. The court may also impose a maximum of two years of community supervision (adult probation)* or three years of community supervision with an extension.

 

Since it is your first offense, it is certainly possible that you could receive a term of supervised probation and fines/costs. The judge has wide discretion when determining a sentence. Probation can include, but not be limited to, no other convictions, community service, fines/costs, etc.

Since this is a serious offense, you may wish to contact an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal cost. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. An attorney may be able to strike a plea bargain with the prosecutor to get the charge reduced or even dismissed.

If you can't afford to hire your own lawyer, you can ask the judge to appoint you a public defender. In any case, you need to be represented so that the impact of any conviction can be as minimal as possible.

I hope that you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.
With this type of charge on my record. Am planning to take an LVN course but I know it might cause problems with the board of nursing. Do u recommend the best thing to do is get the minimal sentence
Expert:  xavierjd replied 1 year ago.
Hi Val,

It MAY be possible that you will be able to enter a pre-trial diversion program.

A pre-trial diversion agreement is aptly named. It refers to a written agreement the defendant and State enter into on or before the day of trial. The State agrees to dismiss the case if the defendant performs certain conditions within a specified period of time. Both the State and the defendant request that the trial court continue the present trial setting to a certain date in the future to give the defendant time to
comply with the agreed conditions. The agreement is then presented to the trial
court for its approval. If the trial court does not approve the agreement, the case proceeds to trial as scheduled on the docket. If the trial court approves the agreement, it grants the joint request for continuance and resets the trial to a certain date in the future. On that date, the defendant must appear before the trial court. If the defendant has complied with the conditions of the agreement, the trial court grants the State's motion to dismiss the pending criminal charges. If the defendant has not complied with the conditions of the agreement, the case proceeds to trial as scheduled.

So, basically, if your attorney can get the prosecutor to agree to a pre-trial diversion, you will be placed on probation for a period of time and will have to comply with the terms of the pretrial diversion program. If you comply, then the case against you will be dismissed and you will have NO conviction! That would be an excellent outcome!

Again, you will want to have an attorney to represent you to negotiate a pretrial diversion. It will be worth it!

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3384
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 5 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Val,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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