As illegal prescription drug use continues to become more prevalent in our society, the legal system will also continue to have a punitive stance on such an issue. With all there is to lose in a case that involves any drug charges, finding the right criminal defense attorney to represent you is of paramount importance to keeping your freedom intact.
The criminal defense attorneys of the Law Offices of Richard C. McConathy are dedicated to providing those they defend with excellent client service while making certain that their rights are protected throughout the entire legal process. The legal team has a strict adherence to developing a strong legal understanding while staying ahead of the pack by relentlessly following the trends and important developments in the Texas legal system. This commitment to leaving no stone unturned has manifested itself in the form of intelligent legal counsel that focuses on creating a strong and personalized defense strategy for your particular case.
Prescription Drug Fraud Defense Lawyer | Denton, Frisco, Lewisville, and Flower Mound, TX
If you have been arrested for prescription drug fraud in Denton, or any of the surrounding areas in Texas, including Argyle, Aubrey, Carrollton, Denton, Flower Mound, Frisco, Justin, Krum, Lake Dallas, Lewisville, Little Elm, Pilot Point, Ponder, Roanoke, Sanger, or The Colony, contact the Law Offices of Richard C. McConathy.
Attorney Richard McConathy will help you through all crucial phases of the drug trial process and make every effort to fight the allegations against you. Call the Law Offices of Richard C. McConathy at (940) 222-8004 about your drug charges.
Prescription Drug Fraud under Texas Law
There are detailed and specific laws within the Texas Penal Code that involve prescription drug fraud. Specifically, this information can be found within Texas Health And Safety Code § 481.129.
Under this law, a person commits an offense if they knowingly:
- distributes as a registrant or dispenser a controlled substance listed in Schedule I or II, unless the person distributes the controlled substance as authorized under the federal Controlled Substances Act (21 U.S.C. Section 801 et seq.);
- uses in the course of manufacturing, prescribing, or distributing a controlled substance a Federal Drug Enforcement Administration registration number that is fictitious, revoked, suspended, or issued to another person;
- issues a prescription bearing a forged or fictitious signature;
- uses a prescription issued to another person to prescribe a Schedule II controlled substance;
- possesses, obtains, or attempts to possess or obtain a controlled substance or an increased quantity of a controlled substance:
- by misrepresentation, fraud, forgery, deception, or subterfuge;
- through use of a fraudulent prescription form;
- through use of a fraudulent oral or telephonically communicated prescription; or
- through the use of a fraudulent electronic prescription; or
- furnishes false or fraudulent material information in or omits material information from an application, report, record, or other document required to be kept or filed under this chapter.
A person also commits an offense if they, with intent to obtain a controlled substance or combination of controlled substances that are not medically necessary for the person or an amount of a controlled substance or substances that are not medically necessary for the person, obtains or attempts to obtain from a practitioner a controlled substance or a prescription for a controlled substance by misrepresentation, fraud, forgery, deception, subterfuge, or concealment of a material fact. For purposes of this subsection, a material fact includes whether the person has an existing prescription for a controlled substance issued for the same period of time by another practitioner.
A person commits an offense if they knowingly or intentionally makes, distributes, or possesses a punch, die, plate, stone, or other thing designed to print, imprint, or reproduce an actual or simulated trademark, trade name, or other identifying mark, imprint, or device of another on a controlled substance or the container or label of a container for a controlled substance, so as to make the controlled substance a counterfeit substance; or manufactures, delivers, or possesses with intent to deliver a counterfeit substance.
A person commits an offense if the person knowingly or intentionally delivers a prescription or a prescription form for other than a valid medical purpose in the course of professional practice; or possesses a prescription for a controlled substance or a prescription form unless the prescription or prescription form is possessed during the manufacturing or distribution process; by a practitioner, practitioner’s agent, or an institutional practitioner for a valid medical purpose during the course of professional practice; by a pharmacist or agent of a pharmacy during the professional practice of pharmacy; under a practitioner’s order made by the practitioner for a valid medical purpose in the course of professional practice; or by an officer or investigator authorized to enforce this chapter within the scope of the officer’s or investigator’s official duties.
An offense under Subsection Texas Health And Safety Code § 481.129(a) is a second-degree felony if the controlled substance that is the subject of the offense is listed in Schedule I or II; a third-degree felony if the controlled substance that is the subject of the offense is listed in Schedule III or IV; and a Class A misdemeanor if the controlled substance that is the subject of the offense is listed in Schedule V.
An offense under Texas Health And Safety Code § 481.129(a-1) is a second-degree felony if any controlled substance that is the subject of the offense is listed in Schedule I or II; a third-degree felony if any controlled substance that is the subject of the offense is listed in Schedule III or IV, and a Class A misdemeanor if any controlled substance that is the subject of the offense is listed in Schedule V.
An offense under Texas Health And Safety Code § 481.129(b) is a Class A misdemeanor. An offense under Texas Health And Safety Code § 481.129(c)(1) is a second-degree felony if the defendant delivers a prescription form; or a prescription for a controlled substance listed in Schedule II; and a third-degree felony if the defendant delivers a prescription for a controlled substance listed in Schedule III, IV, or V.
An offense under Texas Health And Safety Code § 481.129(c)(2) is a state jail felony if the defendant possesses a prescription form; or a prescription for a controlled substance listed in Schedule II or III; and a Class B misdemeanor if the defendant possesses a prescription for a controlled substance listed in Schedule IV or V.
Texas Prescription Drug Fraud Resources
Finding and Preventing Prescription Drug Fraud – Pharmacy Outcomes Specialists — This literature examines the problem of prescription drug fraud as it relates to health plans. It discusses how fraud happens in great detail. Also, view key takeaways.
Signs of prescription medication fraud and how to stop it — Prescription fraud happens when people obtain medications by deception. Some may use forged prescriptions. Blue Cross Blue Shield states prescription medication abuse is one of the greatest public health crises facing our nation today, tearing apart families, devastating communities, and driving up medical costs. There’s often an untold side of the story – prescription medication fraud – which enables people to get access to prescription medicines without medical justification, resulting in billions of dollars in wasted medical costs and millions of lives endangered.
A Pharmacist’s Guide to Prescription Fraud — This is the official United States Department of Justice website dedicated to this topic. The purpose of this guide is to ensure that controlled substances continue to be available for legitimate medical and scientific purposes while preventing their diversion into the illicit market. It is not the intent of this publication to reduce or deny the use of controlled substances where medically indicated.
Find A Denton County Defense Attorney for Prescription Drug Fraud Charges | Law Offices of Richard C. McConathy
If you or a loved one is currently charged with prescription drug fraud, the potential penalties are too severe for this situation to be taken lightly. To put yourself in the most favorable position, retaining capable legal counsel should be on the top of your list.
With years of experience helping individuals accused of criminal acts in North Texas, the Dallas criminal defense attorneys of the Law Offices of Richard C. McConathy have a strong understanding of what it takes to get your charges reduced or possibly dismissed. Drawing on this extensive legal knowledge will provide you with a developed and effective defense strategy that enables you to argue your case in a productive and professional manner.
Prescription drug fraud charges are very serious and can carry severe penalties, so you should not hesitate to seek experienced legal counsel for help defending yourself against these charges. To schedule a free and confidential consultation, call (940) 222-8004 or contact us online today.