Needing prescription drug fraud defense in Las Vegas can feel confusing and overwhelming. Prescription drug charges are serious, controlled substance offenses in Nevada. A conviction may bring jail time, difficulties with employment, fines and even immigration penalties. But you have options. Our prescription drug defense attorneys in Las Vegas are ready to fight for your rights. Here’s what you need to know:
What Is the Law for Prescription Drug Fraud in Las Vegas?
The law for prescription drug fraud in Las Vegas is Nevada Revised Statutes 453.391. The law prohibits knowingly obtaining a prescription in any unlawful manner. Getting a prescription from a doctor or physician through prescription drug fraud is covered under this state law in Las Vegas.
The law also prohibits individuals from failing to offer full disclosure of other medications they have when speaking to a doctor about medical conditions and possible prescriptions.
What Are the Charges for Writing Fake Prescriptions in Nevada?
The charges for writing fake prescriptions in Nevada are also from Nevada law 453.391. Described as unlawfully obtaining prescription drugs, the law says that a person may not get a controlled substance in any unlawful way. Writing a fake prescription is an example of trying to unlawfully obtain prescription drugs in violation of Nevada statute 453.391.
Is It Illegal To Call In a Prescription for Yourself?
Yes, it is illegal to call in a prescription for yourself if you do not have a lawful right to have that prescription. A person who needs a prescription must obtain it legally from a person who is authorized to dispense medication. When a person does not have a valid prescription, calling it in for themselves is a violation of laws prohibiting prescription drug fraud.
Who Is Considered a Healthcare Provider Under Nevada Law?
The list of healthcare providers covered under Nevada law 453.391 prohibiting unlawfully obtaining prescriptions drugs includes:
- Physician assistants
- Registered nurses
- Any other person authorized to dispense or possess controlled substances
What Is the Penalty for Forging a Prescription in Nevada?
The penalty for forging a prescription in Nevada is up to five years in jail and a $10,000 fine. The judge determines the exact penalty after a sentencing hearing. The severity of the offense, the harm that results to a victim and the defendant’s criminal record are just a few factors that may play a role in what penalty a defendant receives for forging a prescription in Nevada.
Can You Get in Trouble for Doctor Shopping in Nevada?
Yes, you can get in trouble for doctor shopping in Nevada. While it is legal to go to the doctor of your choosing, it is not permitted to seek prescriptions from multiple doctors without full disclosure of medications. Nevada law 453.391 requires a person to tell a healthcare provider of any medications they receive from one healthcare provider when they speak to another healthcare provider. They cannot fail to give complete information in order to get a second prescription because of laws that prohibit doctor shopping.
What Is the Punishment for Stealing Prescription Drugs in Nevada?
The punishment for stealing prescription drugs in Nevada may include:
- Up to five years in prison
- A fine of up to $10,000
- Substance abuse testing
- Counseling for drug or alcohol abuse
- Community service
- Immigration consequences
- A criminal record that can impact employment
The judge sets the punishment for stealing prescription drugs, and penalties vary by case.
Is Falsifying Prescriptions a Felony in Nevada?
Yes, falsifying prescriptions is a class C felony in Nevada. The maximum possible penalty is up to five years in prison. Felonies in Nevada are categorized from class A to class E. Offenses in class A are the most severe, while class E felonies are punishable by the least amount of prison time for all of the felonies.
All Nevada felonies are punishable by up to one year of incarceration with more serious offenses, including falsifying prescriptions, punishable by longer possible periods of jail.
Can You Defend Against Charges of Prescription Fraud?
If you’re facing charges of prescription fraud, you may defend against the charges. If you’re found not guilty, you receive no penalty of any kind. Also, you may negotiate a plea bargain. If you plead guilty to a lesser charge, you may receive only up to the maximum penalties for that charge.
Defending against charges of prescription fraud means developing a targeted legal strategy based on the evidence in the case. You may defend against charges of prescription fraud with the help of an experienced criminal defense attorney.
What Are Defenses to Prescription Drug Fraud Charges in Las Vegas?
Possible defenses to prescription drug fraud charges in Las Vegas include:
- Having a valid prescription
- The medication is over the counter and not controlled
- Not knowingly possessing the drug
- Not purposefully obtaining the drug in violation of law
- Police entrapment
- Constitutional violations
- Challenging law enforcement’s custody of the evidence
- Misidentification of the substance
- Having a lawful right to possess the drug
How Do I Fight Against Prescription Drug Charges?
If you’re facing prescription drug charges, it’s essential to begin working on your defense early. It’s critical to identify witnesses and get their statements. You must review the evidence in police possession and work on challenging it through testing and with appropriate chain and custody disputes.
Prescription drug charges are a specific-intent crime. The state has the challenge of proving that the defendant acted with knowing intent. The state carries the burden of proving the charges against you, but it’s important to present a compelling case that challenges the state’s evidence. You may defend your case through questioning witnesses, challenging the evidence at trial and in advance of trial and pursuing legal motions as appropriate.
Can You Get a Plea Bargain for Prescription Drug Fraud?
Yes, it may be possible to get a plea bargain for prescription drug fraud. It may be advantageous to explore the possibility of a plea bargain. However, taking a plea is not appropriate in all cases. An attorney for prescription drug charges can help you determine the best course of action.
Las Vegas Attorneys for Prescription Drug Fraud Charges
Are you facing prescription drug fraud charges in Las Vegas? Contact our attorneys for prescription drug defense to talk about your case. We offer free and confidential consultations to help you understand your rights and how to defend them.