Writing a False Prescription – FAQs – California Business & Profession Code Section 4324

How does the prosecution decide whether to charge the crime as a felony or a misdemeanor?
The prosecution has full discretion on whether to charge the crime of writing a false prescription as misdemeanor or a felony.  Often times, the prosecution will charge the crime as a felony to gain leverage in a plea agreement.  It is important to hire an experienced false prescription attorney if you are charged with this crime.  At Wallin & Klarich, we understand the prosecution’s attempts to gain leverage in a plea bargain.  Our attorneys will only take a deal if you instruct us to.  However, we are not afraid to take a case to trial.  We will help you make an informed decision on what path to choose.

If I am convicted of possessing a drug that was secured through a forged prescription, will I be eligible for a Drug Diversion Program?
You may be eligible for a drug diversion program.  Drug diversion programs are generally available to possession cases and are intended to help a person eliminate their dependency of drugs.  It is critical that you speak with an attorney to see whether you may be eligible for a drug diversion program.  For more information, please visit www.wklaw.com and read our Drug Diversion Programs section.

For the crime of false representation to obtain a prescription over the phone, under Section 4323, can I still be charged if the transaction was conducted by e-mail?
This crime can be committed by falsely representing yourself over the phone to obtain a prescription.  It also applies to any electronic communication.  Therefore, you can be charged if the transaction was conducted over e-mail.

How can the prosecution prove that I forged a signature?
The prosecution has many different methods on proving the fact that you forged a signature.  One method is to present testimony from a witness who saw you forging the signature.  Another method is to call on an expert handwriting witness to examine your previous writings with the alleged forged signature and then compare the two writings.  This is why it is important to have an experienced false prescription attorney defending you.  At Wallin & Klarich, our attorneys have over 30 years of experience and will be there for you.  Call us at (888) 280-6839.  We will be there when you call.