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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16540
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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my friends nephew stole prescription pads, filled them out

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my friend's nephew stole prescription pads, filled them out successfully for vicodin four times. He also dr. shops w. two different docs in LA. Last time he tried to fill the scrip that was stolen, he went to target & walgreens, (neither place has he ever frequented). Both places called doc's PA who said it was not legit scrip and not to fill.
Dumbest part? My friend's nephew used his own name, and was almost certainly filmed on the camera at Walgreen's while waiting (20 minutes) before being told to leave immediately.
So, friend's nephew decided to call doc he stole scrip pad from, and claim someone was using his name to fill out illegal scrips, and he thought the doc should know. Trying to Cover his a......
Today, called doc again for update, acting concerned, and doc said he already found out that this "other person" tried at two pharmacies, and thanks for his help, but he'd already reported it to law enforcement.
Friend;s nephew is freaking out...is he going to get arrested? (due to camera, and the fact that he used his real name?).
HOW TO AVOID GETTING PROSECUTED? Even if cops/DEA shows up and accuses him, do they really have anything to go on?
FYI: hand-to-god, nephew so freaked out went to his legit doc and got scrip for detox (clonodine & valium)..hasn't taken a vike in over a week, not worth this horrible addiction anymore.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hi Jacustomer,

It's getting harder and harder to engage in behavior like this because now most pharmacies belong to a central data base, and they can see if a person is doctor shopping regardless of where the customer usually fills his prescriptions, and his name and address will be on file.

Yes, if he presented forged prescriptions in his own name and the doctor reported the forgery, your friend may very well hear from the police. The DEA is not apt to get involved in this matter, as a lone individual with a drug dependency is not worth their attention. They will leave him to the state.

They are not likely to turn up at his door, but they may contact him to ask him to come down to the station to discuss the possibility that someone was forging prescriptions made out to him. If that happens he should say absolutely nothing about what he did or didn't do. He has no obligation as a suspect in a crime to cooperate with the police by giving information against himself. You don't get gold stars for cooperating with the police in an investigation. What you generally get is arrested.

He should get off of the phone and say he wants to discuss this with a lawyer before talking to anyone. And then he should reach out and contact a criminal lawyer. If there is a video, and the police have what they need to arrest him at least he will not have made and signed a confession. If there is no video, then the evidence the police have may not be enough to give them probable cause for arrest, and by not talking to them, he will have averted his arrest, at least temporarily until they can find more evidence from another source.

These charges would be felony charges. That said, however, the offenses are clearly due to a drug dependency. Generally, even in the worst case scenario if they arrest him, if he has no prior felony convictions, he may prove to be eligible for something like Treatment Court, or some other non-incarceratory disposition, which could actually address his problem and get his case dismissed down the road if he's able to successfully clean up his act.

Customer: replied 1 year ago.

Thank you so very very much.


Just a few more questions please.


 


1)How do I obtain a Motion of Discovery?


2) How can I find out which drugstores are cooperating w. LE?


3) I'm a PhD candidate in Clinical Psychology, getting ready to defend this summer. Might this ruin my career?


4) I have my real doc's knowledge and scrips (detox meds for vicodin) to back me up that I am legitimately detoxing. Might this help?


5) Can I deny that the cameras at Walgreens & Target (if they were indeed working and recorded me trying to pass off stolen scrip) were actual recordings of ME? (i.e. change my appearance and say it was some other individual using my license (which recall I "lost")?


 


Thank you and that's it! You've been invaluable. God Bless.


 


 

Expert:  Zoey_ JD replied 1 year ago.
Hello Jasmine,

1) You are not entitled to discovery until once this case is filed with the court. Then the prosecutor will turn over discovery materials to your lawyer who will give you a copy of what he or she gets. At this point, there is no case and if there is an investigation going on, it is not a matter of public record.

2) You can assume that every pharmacy in the state is linked to a central data base. While California's data base is voluntary, inclusion is strongly supported by the California State Attorney General's Office. You can read more about the program and the data base here. (See link) I am unable to find a list of participating members. Wisely, the state would likely not give out that information.

3) Yes your career would be negatively affected, and that's putting it kindly. A felony conviction would cost you any license to practice. That's why you need to stop focusing on manipulating evidence, all of which can be used against you, to keep your mouth shut about this entire incident and to get yourself a criminal lawyer ASAP if the authorities contact you. Do not say anything at all to the police if they contact you. Don't deny. Don't agree. Just say you will not discuss anything about this without first hearing what a lawyer will have to say, and then go get one.

4) That will not keep you from getting charged with this if the state intends to do so. But it would show that you are interested in helping yourself and that could be used as a bargaining chip in plea negotiations.

5) No. First of all, no lawyer would ever tell you to falsify evidence. But quite apart from that, what you are contemplating can turn around and kick you right in the tail.

Leave the strategy, if any turns out to be necessary, to your lawyer. Until then, go forward with your life and your treatment and do not discuss anything about this incident. You know, I'm sure, how they tell you that anything you say can be used against you? Well, it's true. Save discussions about this with your lawyer if it comes to that.

Good luck!

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16540
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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