As stated under Florida Statute 893.13, obtaining a controlled substance by fraud is defined as when a person successfully obtains or attempts to obtain possession of a controlled substance through the use of fraud, forgery, misinterpretation, deception, or subterfuge.
If you are convicted of obtaining controlled substances by fraud in Bradenton, then you may find yourself facing serious consequences. Penalties are likely to include hefty fines and a length of time behind bars. Additionally, if you are caught in possession of the controlled substance at the time of the arrest, then you may also face charges of drug trafficking, and therefore face increased penalties. Florida Statute 893.135 defines drug trafficking as an illicit trade dedicated to the cultivation, manufacture, distribution, and sale of controlled substances, which are subject to drug prohibition laws.
If you have been arrested for obtaining a controlled substance by fraud, then it is strongly recommended to seek legal advice and representation from a reputable Bradenton drug lawyer. At The Law Place, we have a team of highly skilled lawyers who are experienced in handling a variety of cases involving drug crimes. A criminal defense attorney will review your case and work with you to tailor a defense strategy that ensures you receive the best possible outcome for your case. Our Bradenton phone lines are open at any time of day, so call us at a time that suits you, and arrange a free consultation with an adept criminal defense lawyer. Call us today at (941) 444-4444 and get started with your case.
How Obtaining a Controlled Substance by Fraud Is Defined in Bradenton, FL.
As noted previously, the offense of obtaining a controlled substance is defined as when a person successfully obtains or attempts to obtain a controlled substance through the use of forgery, fraud, misinterpretation, deception, or subterfuge.
An example of obtaining a controlled substance by fraud would be if you obtain a prescription from one doctor and then successfully obtain the same prescription from another doctor, or even multiple doctors, before the 30 day prescription period has ended. This is often commonly referred to as ‘doctor shopping.’ If you are suspected of ‘doctor shopping,’ then your pharmacist will look for the following:
- Any attempt to coerce the doctor to increase the amount of medication prescribed each month.
- Claims that your previous prescription has been lost or stolen.
- Paying for the prescription in cash, despite having medical insurance.
- Paying for the prescription in cash, despite having no clear source of regular income.
- Appearing more knowledgeable than most when it comes to the brand or dosage of a particular drug.
- Appearing stressed or irate if the prescription is not issued.
No matter the criminal charges you may be facing, here at The Law Place, we have a highly skilled team of defense attorneys with an abundance of experience in handling cases involving drug crimes. At our law firm, we offer all our customers a free consultation where a defense lawyer can advise on the best steps to take with your case. Contact our offices in Florida and get started with your case today.
Possible Charges for Obtaining a Controlled Substance by Fraud in Florida
The charges that you may face for obtaining a controlled substance by fraud will depend on a number of factors. These factors include the type and amount of substance found to have been successfully obtained through fraud, forgery, misinterpretation, deception, or subterfuge.
In most cases, you will be charged with a third-degree felony charge if you have obtained or attempted to obtain controlled substances by fraud in Florida. This means that the accused does not even need to have successfully obtained the drugs in order for the prosecution to seek a conviction, but that the attempt in doing so is enough to convict the accused.
If you are charged with a third-degree felony, then you may face punishments of up to $5,000 in fines and up to 5 years in prison or on probation. Additionally, if you are convicted of drug trafficking, then you will be charged with a federal crime, which may result in penalties of up to 25 years in prison, as well as hefty fines.
By seeking legal advice from an experienced criminal defense attorney, you are placing yourself in the best possible position to have your penalties reduced or even eliminated. Call The Law Place today to speak to one of our reputable Bradenton criminal defense lawyers.
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Possible Defences to Obtaining Controlled Substance by Fraud in Florida
Depending on the circumstances surrounding your arrest, a criminal defense lawyer may be able to build a strong defense strategy that can stand up in court against the prosecution. Possible defense strategies that a lawyer may use include:
- You were not aware of the illicit nature of the controlled substance.
- The evidence being used against you was obtained unlawfully.
- You were not in actual or constructive possession of the controlled substance at the time of the arrest.
- The evidence being used against you was obtained by an unlawful search and seizure from law enforcement.
- There was not a sufficient amount of the controlled substance in your possession to prove you obtained multiple prescriptions through fraud.
There are also a number of ‘exceptions’ that you may fall under. Such exceptions include if you are acting under the jurisdiction of law enforcement or a common manufacturer, wholesaler, or distributor of controlled substances. Additionally, if you are a pharmacist, doctor, dentist, researcher, hospital practitioner, or an employee of a state, federal or local government, then you may also fall under this exception.
Your defense attorney will investigate your case and any evidence being used against you and will work alongside you to tailor the strongest defense strategy possible. A strong defense strategy may see your charges reduced or eliminated. Call our law firm in Florida today to arrange a free case evaluation with one of our highly skilled criminal defense lawyers.
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Contact The Law Place in Bradenton Today!
If you or someone you know has been arrested for obtaining a controlled substance by fraud, then it is strongly recommended to seek legal advice and information from a reputable law firm. At The Law Place, we have a highly skilled team of criminal defense lawyers with over 75 years of collective experience in handling cases involving drug crimes.
At our law firm, our lawyers understand how daunting and terrifying facing criminal charges can be. By seeking help from one of our criminal defense attorneys, they can support you every step of the way and guide you through the legal process to ensure you receive the best outcome that you possibly can.
Many of our attorneys are AVVO rated 10.0, which is the highest possible rating. This rating is based on a number of factors, including trial skills, length of practice, and awards, as well as client reviews and testimonials. By seeking representation from an attorney from The Law Place, you can rest assured that your case will be in knowledgeable and adept hands.
Our Florida phone lines are open 24 hours a day, 7 days a week, so you can call us at a time most convenient for you, and we will be here to offer help and legal advice. Call us today at (941) 444-4444 and arrange a free consultation with a knowledgeable criminal defense attorney.
