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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 37629
Experience:  30 years in civil, probate, real estate, elder law
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I am very concerned about something that happened and want

Customer Question

I am very concerned about something that happened and want to figure out the best way to protect myself. Do you have different attorneys for different problems?
JA: What state are you in? It matters because laws vary by location.
Customer: Florida
JA: Has anything been filed or reported?
Customer: Well I was told that a report was made by Walgreens (The drug store). I have not seen anything as of yet.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well should I explain the situation to you or wait?
Submitted: 13 days ago.
Category: Legal
Expert:  Ray replied 13 days ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 13 days ago.

Can you tell me more about your situation and what your questions are so I may respond and help you today?

Customer: replied 13 days ago.
I have been going to a Dr. for about 7 years. I was on pain medication for several years due to an accident and I knew I needed help getting off the medication so I went to a Dr that is an "Addiction Dr.". He put me on the medication Suboxone. I had been taking it a very long time and it seemed like it was not working that good anymore. There were times that I altered the scrip since it was handwritten. Anyway - very long story - about a month ago (December 8) the drug store called the Dr, to ask a question about my scrip and they found out it was altered. The Dr. had me come to his office and talk about it. He said Walgreens filed a report on this.
Customer: replied 13 days ago.
I can not call as I am at work
Customer: replied 13 days ago.
I am beyond scared and do not know what to do to protect myself
Customer: replied 13 days ago.
What happens next, I mean...who answers me?
Expert:  Ray replied 13 days ago.

Florida statutes also make it illegal to “acquire or obtain . . . possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge.” This means that it is a criminal act to attempt to pass off a false or forged prescription in order to acquire a controlled substance.You may be charged with crimes here in Florida.If you are questioned by the police decline to give a statement and ask for a lawyer.You have fifth amendment rights not to say anything here, knowing they would use this against you.

Since the prescription was not filled as altered you may avoid prosecution but be real careful who you talk to and admit to nothing.

I appreciate the chance to help you today and wish you the best here.

If you can positive rate 5 stars when we are done it is much appreciated.

Expert:  Ray replied 13 days ago.

There are several different offenses under Florida law relating to prescription drug crimes. These include:

  • Florida Statute § 831.30 — It is a second-degree misdemeanor for the first offense and a first-degree misdemeanor for the second or subsequent offense if a person falsely makes, alters, or forges any prescription for a medicinal drug, knowingly causes such prescription to be falsely made, altered, forged, or counterfeited, or passes, utters, or publishes such prescription or otherwise knowingly holds out such false or forged prescription as true.
  • Florida Statute § 893.13(6)(a) — It is a third-degree felony if a person is in actual or constructive possession of a controlled substance unless it was lawfully obtained from a practitioner or pursuant to a valid prescription or order of a practitioner while acting in the course of his or her professional practice. This offense may be classified as a first-degree felony if the alleged offender possesses an amount that exceeds certain limits established by the Florida Statutes.
  • Florida Statute § 893.13 (7)(a)1.-6. — It is a first-degree misdemeanor if a person does any of the following:
    • Distributes or dispenses a controlled substance
    • Refuses or fails to make, keep, or furnish any record, notification, order form, statement, invoice, or information as required
    • Refuses entry into any premises for any inspection or refuses to allow any authorized inspection
    • Keeps or maintains any store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place which is resorted to by persons using controlled substances or used for illegally keeping or selling them
  • Florida Statute § 893.13 (7)(a)7.-13. — It is a third-degree felony if a person does any of the following:
    • Possesses a prescription form unless it has been signed by the practitioner whose name appears printed thereon and completed
    • Withholds information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days
    • Acquires, obtains, or attempts to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge
    • Affixes any false or forged label to a package or receptacle containing a controlled substance
    • Furnishes false or fraudulent material information in, or omits any material information from, any report or other document required to be kept or filed under this chapter or any record required to be kept
    • Stores anhydrous ammonia in a container that is not approved by the United States Department of Transportation to hold anhydrous ammonia or is not constructed in accordance with sound engineering, agricultural, or commercial practices
    • With the intent to obtain a controlled substance or combination of controlled substances that are not medically necessary for the person or an amount of a controlled substance or substances that is not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact.

Prescription Fraud / Forgery Penalties in South Florida

The possible punishments for the offenses listed above depend on the specific classification of the crime. The consequences can include:

  • Second-Degree Misdemeanor — Up to 60 days imprisonment and fine of up to $500
  • First-Degree Misdemeanor — Up to one year imprisonment and fine of up to $1,000
  • Third-Degree Felony — Up to five years imprisonment and fine of up to $5,000
  • First-Degree Felony — Up to 30 years imprisonment and fine of up to $10,000