Obtaining a Controlled Substance by Fraud

Brevard County Prescription Fraud Defense Lawyers

If you have been arrested in Brevard County / Central Florida for obtaining a controlled substance by fraud, an experienced criminal defense attorney is your best protection.

At The Canina Law Firm, our attorneys have well over 50 years of criminal defense experience and we routinely protect and defend the rights of those charged with obtaining a controlled substance by fraud as well as all felony drug offenses. 100% of our practice is devoted to criminal defense.

Florida Law

Under Florida Law, a person who intentionally uses deception or falsity to obtain a prescription drug, either to profit from it or for recreational purposes, can be charged with “obtaining a controlled substance by fraud” (prescription fraud). Doctors can be charged with prescription drug fraud if they issue prescriptions to those without valid medical conditions. Pharmacists can also be charged if they alter prescriptions in any way. Employees of medical offices can be charged by stealing prescription pads and writing/filling prescriptions to themselves. Florida’s prescription drug fraud laws cover a broad range of illicit activities. Acts that constitute prescription fraud include (but are not limited to):

Altering prescriptions in any way
Attempting to fill the same prescription at multiple pharmacies
Forging prescriptions
Stealing a prescription pad
Impersonating a doctor to issue a prescription
Impersonating a pharmacist to fill a fraudulent prescription
Increasing the dosage of a prescription
Using a false name to obtain somebody else’s prescription

In Florida, obtaining a controlled substance by fraud is a third degree felony punishable by up to 5 years in prison. If you have been arrested for prescription fraud in Melbourne or anywhere in Brevard County, please CONTACT The Canina Law Firm today for a FREE Case Evaluation..

Consequences of a Conviction

In Florida, obtaining a controlled substance by fraud is a third degree felony punishable by up to 5 years in prison, 5 years probation, and/or a $5000 fine. If you have been arrested for prescription fraud in Melbourne or anywhere in Brevard County, please CONTACT the Canina Law Firm today for a FREE Case Evaluation.

Even if the person does not, actually obtain the prescription drug, he/she can be charged. The mere ATTEMPT at obtaining the controlled substance is unlawful as well. If the person does, in fact, get the prescription filled, and if they are found in possession of said prescription, he/she may also be charged with illegal possession of prescription drugs.

Unlawful Possession of a Prescription Pad

Frequently, we see cases where a person is found in possession of a doctor’s prescription pad. Possession of a prescription pad that has been unlawfully obtained or stolen, and has not been legally signed by the practitioner or doctor is a first-degree misdemeanor under Florida Statute 893.13 punishable by up to one year in jail and a fine of up to $1000 for a first offense. A second offense is a third degree felony which carries up to 5 years in prison and/or up to a $5000 fine.

Having a felony conviction results in a person’s loss of civil rights including: right to vote, right to bear arms, and right to serve on a jury. Current and future employment opportunities may also be jeopardized.

Possible Ways to Avoid A Conviction

Even if you have been charged with obtaining a controlled substance by fraud, this does not necessarily mean you will be convicted or labeled a “felon”. In fact, there may be several other ways to resolve your case without a felony conviction including reduction of the charge to a misdemeanor, placement in a pretrial diversion or pretrial intervention program, placement in a drug court program, successfully arguing a motion to suppress evidence, obtaining a withholding of adjudication.

Prescription Drug Fraud Attorneys in Brevard County, FL

If you have been charged with a prescription drug crime in Brevard County or anywhere in Central Florida, your best defense is to retain an aggressive and experienced team of criminal defense attorneys at the earliest possible stage of your case. With well over 50 years of combined defense experience, our attorneys fight vigorously to obtain the best result possible for each and every, single client.

The Canina Law Firm proudly defends all residents of Brevard County including Melbourne, Palm Bay, Viera, Cocoa, Titusville, Rockledge, and the Beaches. We also serve neighboring Volusia County, Orange County, Seminole County, Osceola County, and Indian River County.

CONTACT the Canina Law Firm Today for a FREE CASE EVALUATION.