I am being charged with forgery and poss. of a conrolled substance, in the military. Forging a civilian prescription at a civilian pharmacy but I did'nt do it. I know you've probably heard that a million times before but I didn't and I dont know how to prove I didn't. I believe the pharmacy tech screwed up the miligrams from 5 to 15 and after I left or when it was called to her attention she noticed she messed up and added the 1 to the 5. I didn't realize until about a week later after I had already taken them a couple of times that it was actually for 15. I believe the only evidence they have is the two written prescriptions one written for 5 obtained from the doctor office and one obtained from the pharmacy written for 15. How do I prove I didnt do it?? or am I pretty much screwed?
State/Country relating to question: Washington
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Thanks for the chance to help. I am an attorney with over 12 years military law experience.You would prove it by your testimony. if you did not make this change, it is not a crime.That said, what you describe sounds odd...that the civilian tech would forge this. So the trial may turn into who to believe, you or the civilian tech. But the good news is they have to prove you guilty beyond a reasonable doubt.
I know it sounds crazy, but the computer system they have makes this possible, all she could of done was click on the wrong miligram, noticed it after I had already left with the 15 and so she wouldn't get in trouble decided to add the 1 to cover her mistake. It was a written prescription and the number it self was not cursively wrote out like, fifteen. So the only thing that was changed on the prescription was that the one was added. I'm actually the one that brought it up the my military doctor and showed her the bottle, why would I have done this if I had changed it. I would have kept it a secret and they would of never known...
I also have proof that my military doctor also gave me the wrong medication twice which by that time I had already learned my lesson (the other medication made me sick) about checking the prescription and informed him right away.
So I'm thinking maybe I could use that and show if he messed up, why couldn't the civilian pharmacist. This is all I have to go on, is it stretching it? Would it be relevent?
It is relevantBut the question is motive.Kids who pop on Drugs who want to explain it away face the same problem.It is possible, for example, to "spike a drink" so that a person pops on a urinalysis. And I have seen this used as a defense at trial (someone must have spiked my drink).But never seen it win, since without a motive, it makes no sense.So can this work for you? This defense? If you can show motive, then perhaps, If not, then not.
The motive would be, her not getting fired, if they found out what she did? wouldnt it? And I have been in the military for 8 years and have never pissed hot and never have even recieved an Art. 15 before. I also have been prescribed this medication before. They threw on these charges after I turned down my Art 15 for a SCM, and now my military lawyer is saying if I plead guilty to the drug charges they will drop the lesser charges but he said also that it hasnt been referred yet to SCM and they might take it to Special Court Martial. What am I suppose to do? I feel like I am trapped.
I can not tell you what to do. Sorry...that would violate the terms of service of this website.But I can say that unless there is a plausible motive it is not likely a jury would believe that a person you do not even know would lie in court to send you to jail.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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