In California, Prescription of a Controlled Substance is made against the law by Health and Safety Code section 11173. That law states that no person shall obtain or attempt to obtain controlled substances, or procure or attempt to procure the administration of or prescription for controlled substances, (1) by fraud, deceit, misrepresentation , or subterfuge; or (2) by the concealment of a material fact.
It also, however, makes it illegal to make any false statements in any prescription, order, report or record, which can cause doctors or pharmacists to be charged with this section.
It also makes it illegal for any person to represent themselves to be a manufacturer, wholesaler, pharmacist, physician, dentist, veterinarian, registered nurse, physician’s assistant, or any other professional towards getting a prescription.
Even affixing a false label to a bottle can cause you to be charged with this code section.
If you’re charged with this code section, what can you do to defend this charge?
Defending any controlled substance crime is difficult, although the position of the law (meaning those involved with the law, including lawmakers, judges, and prosecutors) has changed somewhat in the past few decades. Those with substance abuse problems are given much more sympathy now than in years past.
The best way to defend this type of charge is to point out a lack of evidence relating to an element of the crime (for example, that there was no fraud or misrepresentation made, or facts concealed). A legal defense that excuses the crime or points out that there was an illegal search may be equally effective.
If none of those exist, then evidence regarding addiction issues suffered by the person charged with the crime, and a plan of treatment, may alleviate the court’s concern that this may happen again, and can be shown to be the “best course of treatment” of the root issues.
Character evidence regarding the background, accomplishments, achievements, and responsibility of the person being charged, can also help the prosecutors see the individual as a person, rather than just another case number being prosecuted, and can help result in leniency for the defendant.
With evaluation of the case, and each of these sub categories of defense, a good Orange County Criminal Defense lawyer can help you minimize the impact of the case on your career and life overall, and help you stop worrying.
If your case is in Orange County, this is where a good Orange County Criminal Defense Lawyer can help.