Writing a False Prescription:  Defenses: California Business & Professions Code Section 4324

Below are some of the common defenses to the crime of writing a false prescription, but the available defenses will depend on the facts of the case.  Therefore, it is important that you speak with an experienced false prescription attorney to know all of your possible defenses.

Defendant never signed
The burden is on the prosecution to prove that the defendant personally signed the prescription.  If the defendant has evidence to show that he could not have signed the prescription, the defendant has a defense against the charges.

Defendant had authority to sign
The defendant cannot be charged with falsely signing a prescription if the defendant had authority to sign for the prescription.

Defendant did not know he or she did not have authority to sign
It must be proven that the defendant did not know he/she did not have authority to sign the prescription.  The defendant can use evidence of past prescriptions that were legally signed by the defendant to show that the defendant did not know he/she had no authority.

Defendant did not alter or forge a prescription
The defendant has a defense if the prescription has not been altered or forged by the defendant in any manner.

Defendant did not use forged prescription
If charged with using a forged prescription, the defendant has a defense if he/she can show evidence that the forged prescription was not used.  However, the defendant can still be charged with altering or forging a prescription, even if he/she did not use the prescription.

Defendant did not know the prescription was forged
The defendant has a defense if the defendant can prove he/she did not know the prescription was forged when he/she used it.  The defendant can also be acquitted if the prosecution cannot prove the defendant knew the prescription was forged.