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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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What happenns if you get controlled substance from 3 docto

Customer Question

What happenns if you get controlled substance from 3 doctors
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for your question. Do you mean the same, or same family of controlled substance, from three doctors who don't know that another doctor is prescribing the same or similar drug? Also, are you asking what happens if someone is caught doing this?
Customer: replied 1 year ago.


Hydrocodone - not sure if caught - only know that insurance company sent letters to 2 doctors saying I have received from both of them in a 3 month period. The 3rd doctor I did not use insurance. I have stopped - but concerned something may happen to me

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for your reply. You didn't share what State you are in, so I can't give you any specific State statute numbers, but I can tell you that under the laws of all States and Federal law, "doctor shopping" is illegal. It is also called prescription fraud. If you were prosecuted in Federal Court, there could conceivably be jail time and a large fine of up to $10k. If you want to tell me what State you are in, I can check State laws. Both State and Federal prosecutors and courts will often though offer pretrial diversion in cases where there is no evidence that the doctor shopper was selling the drugs they received and if this is the first conviction for anything similar. Pretrial diversion will often involve treatment and probation and if the defendant stays out of trouble (no illegal drug activity or other crime), then the court will dismiss the charges.

Please let me know if you need clarification. I would be glad to assist you further if I can.
Customer: replied 1 year ago.


California - Can they come after me if I stopped. I do not think anyone knows about the 3rd doctor. I just got scarred because of the insurance letter the doctors got. The doctor never said anything about calling the police - jsut that he would not refill anymore prescriptions. Is he required by law to turn me in?


 

Expert:  Marsha411JD replied 1 year ago.
Hello again and thank you for that information. At the very least, what you describe violates CA Health & Safety Code Section 11173(a). I have included the elements of that crime below. You can find more information and a really in depth discussion of this issue by going to: http://www.shouselaw.com/doctor-shopping.html
The punishment would depend on whether charged as a misdemeanor or felony, but would be in the same range as under Federal law. The link I provided explains the punishment.

Yes, doctors are required by Federal and State regulations to report suspected doctor shopping, as are insurance companies and pharmacies. Whether or not they have, or will, I can't say. But, the law does require it. The fact that you have stopped will only affect the potential punishment (it is a mitigating factor) but it won't change the facts or the violation of the law.


It is illegal to
  1. obtain or attempt to obtain


  2. a prescription for controlled substances


  3. by fraud or by concealing important information
Customer: replied 1 year ago.

If they did - is there a way to find out myself?

Expert:  Marsha411JD replied 1 year ago.
If you are asking if they reported it, no, unless the doctor tells you, then you won't know unless and until you are contacted by law enforcement. You should seriously consider not making any statement at all about this issue to anyone other than your own attorney. In other words, if the police or DEA agents contact you, then you should invoke your right to remain silent and immediately contact a local criminal defense attorney.
Expert:  Marsha411JD replied 1 year ago.
Hello again Molly,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I did not receive a rating of my efforts to assist you. If you have no further follow up questions, then if you could take a minute and leave a positive rating, then the Site will pay me from the deposit that you left with them. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.
Expert:  Marsha411JD replied 1 year ago.
Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the legal answer I provided to you on the 2nd. The Site has been a little buggy lately so the Experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I did not receive a rating for my effort to assist you, thus my email. If you have further questions, please ask them. If not, if you can take a few moments to leave a positive rating, that way the Site will pay me out of the deposit that you gave them. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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