May 24, 2013

Many prescription drugs have highly addictive properties and dangerous side-effects. Therefore, the California State Legislature closely regulates prescription drugs and only allows highly trained professionals to prescribe them.

If you face a false prescription charge, you could be severely punished. You need to protect yourself by contacting an aggressive criminal defense attorney to fight for your rights.

Prosecution of Writing a False Prescription

Wallin & Klarich has successfully defending clients accused of writing a false prescription. We can help you raise the best legal defense
The prosecutor has the discretion to charge the crime as a misdemeanor or felony, depending upon the circumstances surrounding your case and criminal record.

B&P 4324(a) provides that “every person who signs the name of another, or of a fictitious person, or falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any prescription for any drugs” is guilty of forgery of a prescription. Based on this definition, your potential forgery of a prescription conviction can take several forms, depending upon the circumstances of your case.

In order to convict you of forgery of a prescription, the prosecutor must prove the following elements:

  • When you acted, you intended to defraud the pharmacy; AND
  • You either:
    • Signed someone else’s name or a false name on a prescription and did not have authority to sign that name
    • Falsely made, altered, forged, or counterfeited a prescription; OR
    • Passed, used, attempted to pass, or offered to use a false, altered, forged, or counterfeited prescription knowing that the prescription was false, altered, forged, or counterfeited.

Punishment for Writing A False Prescription Conviction

Writing a false prescription in California is a “wobbler.” This means that the prosecutor has the discretion to charge the crime as a misdemeanor or felony, depending upon the circumstances surrounding your case and criminal record.

A misdemeanor false prescription conviction is punishable by imprisonment in county jail for up to one year. A felony false prescription conviction is punishable by imprisonment in county jail for up to 3 years.

Regardless of whether you are convicted of a misdemeanor or felony, your conviction will become part of your permanent record and it can affect your future employment prospects.

California Criminal Defense Attorney

Wallin & Klarich has been successfully defending our clients facing false prescription charges for over 30 years. We can help you raise the best legal defenses to help you avoid jail time.

The moment you retain us, we will begin to create an aggressive defense strategy to help you avoid jail time and other harsh consequences. We will obtain a complete summary of all the relevant facts that could potentially be beneficial to your defense. Also, we will gather all evidence from any documents or other witnesses related to the alleged false prescription.

We will keep you informed about important developments in your case as changes occur. You will be actively involved in your defense, knowing what is at stake and what important decisions related to your defense need to be made.

If you are accused of writing a false prescription, Wallin & Klarich can provide the aggressive defense you need to win your case. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance, and Sherman Oaks. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will be there when you call.

 

Author

Author: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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If you or a loved one have been accused of a crime, now is the time to contact us.
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