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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118232
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I have been charged with 2 counts of perscription fraud i am

Customer Question

I have been charged with 2 counts of perscription fraud i am innocent they let the girl who did it go and arrested me because she used my name on the perscriptions however mu discovery packet has the social security numbers bdays addressea and phone numbers of all 7 witnesses is this illegal because i feel as if im being set up to use these peoples info. Which i am not i have called the docs office letting them no and they have since called the DEA. I was told to throw this away by the people who sent to me i wont.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  attyadvisor replied 4 months ago.

Welcome to JA and thank you for your question. It will be my pleasure to assist you. You may have been charged for a crime that was in fact committed by another who stole your identity. Is that correct? How were you provided with the witness list?

Customer: replied 4 months ago.
Ive yet to have anyone answer me from the last time however ive since been out on bond im on house arrest have been for 2 years turns out there is no evidence only hear say then i notice that my discovery packet has the witnesses ss# ***** # bday and address also the girl who did commit these acts was never charged which makes no sense? They moved her out of state i have since called the doc office informing them that i have there nurses info in my packet. Now what makes no sense is that there has since been 48 indictments ive not been in 1 of them also the pharmacy red dot gave no evidence against me only april who had given the perscription to them they gave it back she ripped it up she later took me home and went to cvs thats where she got arrested but the officer dropped charges on her and put them on me ( i wasnt there and had no idea what april was doing she said she was getting her sons meds filled which she states in the packet my attorney has never been able to get the packet its been 2 years..also they refuse to give me time served and i refused there plea because i no they have no evidence against me. Idk what to do. I feel as if ive been set up beings it was the docs daughter who did this
Customer: replied 4 months ago.
I want answers and no1 has given me any. How can i be charged if when the person who got arrested doing this was let go. Howbcan i be charged with no evidence ? All they have is 1 perscription with my name on it wrote by april? Not me. And they no she wrote it. How am i being charged with all of this? How is it im on house arrest ive never been introuble. Im on bond never had a trial
Customer: replied 4 months ago.
I have a motion to remove house arrest may 19th my lawyer said they may not allow it ive left home 16 times in 2 years im not a flight risk no violations
Customer: replied 4 months ago.
Also why send me the wittnesses personal info? I was told the case can be dropped is this true i just need a answer. Without i will not pay.
Expert:  attyadvisor replied 4 months ago.

Every time you post it kicks out my response. My apologies for the delay in responding. Please ignore any requests by the site for you to pay for any additional services as they are not coming from me.

This could be a set up. Technically you are correct that one should not be charged with anything without evidence. In real life the police and federal agents do this all the time and the cases are dropped in court for lack of evidence. You will not be able to fight this alone. Where in West Virginia did this occur so we can find a local Attorney that can represent you? There are legal and Pro Bono Attorneys as well as Public Defenders that can assist you.

Customer: replied 4 months ago.
Why am i on house arrest? Why are they not giving me time served and i did not plea guilty because i no for a fact they have nothing other then 1 script wrote by april not me. And im from rachel wv i have no money also every lawyer i get are all for me then as soon as they speak to the prosecutor they then turn against me. I want to sue marion county for what they have done to me i cant even stand on my porch they have me locked in my home as if ive killed a human
Customer: replied 4 months ago.
My house arrest officer told me today to bring discovery packet in and he will help me? Makes no sense is it illegal to send the wittnesses info with out blacking it out in my packet
Customer: replied 4 months ago.
Can the case be thrown out by me having that information i could have used everyones info for credit cards etc which i have not. It seems like they did this to see if i would use the info to then actually get a charge. The lawyer should get charged for sending that personal info.
Customer: replied 4 months ago.
I have an appointed attorney who really isnt doing anything she still has yet to get a copy of the discovery its been 2 years she states they havent sent it to her ive told her i have mine idk whats going on i do no that if an attorney would help me then help me sue marion county i would give them more then enough money that i win just to help me fight. Im no felon.
Customer: replied 4 months ago.
Please i just need help im begging someone to help me give me something to work with on my hearing may 19th because no1 here will help me they no i am innocent yet they want me to take the fall for the docs daughter i feel as if people have been paid off this is the 3rd time April has done this shes never got into trouble for it. Instead the people she used has. Were all innocent yet they let the guilty go all because of money and a last name.
Customer: replied 4 months ago.
I dont see how my name being on a perscription got me house arrest on bond for 2 years? When it was not me who was arrested at cvs with it ( i was home)
Expert:  attyadvisor replied 4 months ago.
I understand your frustration. Law rnforrement doesn't always get it right. I wish the system worked more equitably.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.
Please realize that while we understand you are angered and frustrated by your situation, we did not cause it AND for most of what you are complaining about we cannot have any answers because we do not have the case files.
I can tell you after spending over 30 years between practicing law and working with a major law enforcement agency doing DEA Diversion cases, it is rare we charged the person whose name was on the fraudulent prescription without more evidence connecting the person to the fraudulent script, such as the person picked it up or it was found in the person's residence or the pharmacist identified the person from a photo array lineup as the person who delivered the fraudulent script. Without more than just a name on a prescription, charges would be inappropriate.
As for what is going on in your case and why it is dragging out so long, we cannot answer that as I said, but your attorney should be able to get answers, especially if you have proof of your innocence. If your attorney is not filing motions to dismiss or suppress evidence to get your case moved along, you may need to consider hiring another local attorney who will be more aggressive in pursuing a dismissal and charges against the true perpetrator if you have evidence sufficient to prove that she was the real perpetrator of this offense.