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My mother is going in front of a judge tomorrow after

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receiving a hearing notice where...
My mother is going in front of a judge tomorrow after receiving a hearing notice where her charge is 1 count...Procure For Self/Other Drug By Fraud. My mother is 65 and has never been in any trouble in her life. She went to the local pharmacy to pick up her medications as well as her grandson asthma inhaler as my brother asked her to pick it up since my brother was having terrible asthma attack. My brother was already in the ER 3 times that week and used his own inhaler until it was gone. The inhaler saved his life however my brother is in a difficult custody battle with his sons mother who pressed charges against both my mom and brother. My nephew doesn’t need the inhaler and his mother would give it to my brother knowing how bad his asthma attacks are. My mother is very concerned about her hearing and not sure what she could be facing. I did write a character letter to the Judge on behalf of my mother since she has never been involved in anything like this and is worried. What sentence would my mom be facing tomorrow?
Thanks in advance for any help!
Submitted: 7 months ago.Category: Family Law
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Answered in 4 minutes by:
11/28/2017
Family Lawyer: RayAnswers, Lawyer replied 7 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,137
Experience: 30 years as a family law lawyer .
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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.

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Family Lawyer: RayAnswers, Lawyer replied 7 months ago

What state is she in here, thanks.

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Customer reply replied 7 months ago
Pennsylvania
Customer reply replied 7 months ago
Sorry, I cannot talk since I am at work
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Under Pennsylvania law (35 P.S. 780-113(a)(12)), drug fraud is defined as “the acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge,” either for personal use or for sale. This crime is commonly charged in situations where an individual is writing his or her own prescriptions on a stolen medical practitioner’s prescription pad, but is available in a number of other scenarios. Under this situation, an individual would not only be charged under 35 P.S. 780-113(a)(12) and possession, but would be charged with forgery (18 Pa. C.S. 401) and potentially possession with intent to deliver (35 P.S. 780-113(a)(30)).

Prescription drug fraud itself is graded and penalized uniquely depending on the type of drug involved. Pennsylvania has developed a “schedule” of drugs, categorizing them from Schedule I – V depending on the addictive and criminal nature of the drug; Schedule I being the most severely punishable. Prescription drug fraud under 35 P.S. 780-113(a)(12) is graded and penalized as follows:

  • If it involves a Schedule I or II narcotic (such as heroin, LSD, marijuana, and methaqualone), it is graded as a felony and, if convicted, an individual faces up to 15 years in jail and/or up to a $250,000.00 fine.
  • If it involves methamphetamine, cocaine derivatives, or marijuana in excess of 1,000 lbs., it is graded as a felony and an individual is subject to up to 10 years in jail and/or up to a $100,000.00 fine.
  • Any other non-narcotic Schedule I, II, or III (including morphine, PCP, cocaine, anabolic steroids, codeine and hydrocodone with aspirin) is graded as a felony and subjects an offender to up to 5 years in jail and/or up to a $15,000.00 fine.
  • Prescription drug fraud involving Schedule IV drugs (such as Valium and Xanax) are graded as a felony and offenders face up to 3 years in jail and/or up to a $10,000.00 fine.
  • Schedule V drugs (such as cough syrups with codeine) are graded as a misdemeanor offense and offenders may be sentenced to up to 1 year in jail and/or a $5,000.00 fine.

She needs to plead not guilty here and either ask for court appointed lawyer or retain one.There is jail time and fines here at stake, this is serious.A good lawyer might be able to plead this down or get her drug diversion where she completes community service and charges are dropped with no conviction.

I appreciate the chance to help you today.I wish her the best.Thanks again.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 7 months ago
where does picking u an asthma inhaler fall under all this?
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

I am guessing it falls here

Schedule V drugs (such as cough syrups with codeine) are graded as a misdemeanor offense and offenders may be sentenced to up to 1 year in jail and/or a $5,000.00 fine.

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Customer reply replied 7 months ago
Do they take into account that she has never had so much as a parking ticket?
Family Lawyer: RayAnswers, Lawyer replied 7 months ago

Yes likely she would get a fine and probation for six months here to a year.If she is indigent she has right to court appointed lawyer.A lawyer here might well be able to get this dismissed or at least diversion.

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