Prescription Fraud Attorney in Phoenix
Gain the Advantage of a Proven Defense for Prescription Fraud in Phoenix
Facing a prescription fraud charge in Phoenix can have serious consequences for your freedom, reputation, and career. At The Koplow Law Firm, I draw on decades of experience and my prior role as a DUI prosecutor to provide a vigorous defense strategy custom-tailored to each client.
With detailed knowledge of how prosecutors build cases involving prescription drug offenses, I work relentlessly to uncover legal and factual issues that can strengthen your defense. From the moment you become aware of an investigation or charge, I focus on safeguarding your rights and giving you clear, practical guidance every step of the way.
Prescription fraud cases often unfold quickly, with pharmacy staff or health care providers alerting authorities to perceived irregularities. In the Phoenix area, state and local enforcement agencies collaborate closely and may move swiftly from initial investigation to formal charges.
My deep familiarity with the procedures and routines of Phoenix police, prosecutors, and the Arizona Board of Pharmacy enables me to address challenges head-on, whether the concern involves prescription monitoring program data, specific pharmacy records, or questions about your intent.
Facing a serious charge? I offer virtual consultations. Contact a prescription fraud attorney in Phoenix now to protect your future. Call (602) 560-7837 or reach out online.
Understanding Prescription Fraud Laws in Arizona
In Arizona, the laws governing prescription fraud are not limited to a single statute. The state prosecutes these offenses under various laws, often related to drug offenses and fraud. The most common charges fall under Arizona Revised Statutes (A.R.S.) § 13-3408, which prohibits obtaining a narcotic drug by fraud, and A.R.S. § 13-3406, which deals with obtaining a prescription-only drug by fraud.
The law is broad and can be applied to a wide range of fraudulent activities, from forging a prescription slip to "doctor shopping." The intent of the law is to prevent the illegal acquisition and distribution of prescription medications, which are often highly addictive and dangerous. A knowledgeable prescription fraud attorney in Phoenix will meticulously analyze the specific statute under which you are charged to find any weaknesses in the prosecution's case.
Key Elements the Prosecution Must Prove
To secure a conviction for prescription fraud, the prosecution must prove several key elements beyond a reasonable doubt.
- Knowingly committed a fraudulent act to obtain or attempt to obtain a controlled substance. This can include using deception, misrepresentation, forgery, or subterfuge.
- Had the intent to defraud. This means the prosecution must show that your actions were purposeful and that you intended to deceive a practitioner or pharmacist to get a prescription or medication you were not legally entitled to.
- Obtained, or attempted to obtain, a controlled substance. The crime is complete even if you do not successfully get the medication. The act of attempting to do so is enough to be charged.
The prosecution's case often relies on the testimony of pharmacists, doctors, and law enforcement officers, as well as evidence like forged prescription pads or pharmacy records. As a seasoned Phoenix prescription fraud lawyer, I will challenge the government's evidence at every turn, scrutinizing the methods used to collect and analyze the evidence and questioning the credibility of their witnesses.
Classifications of the Prescription Fraud Offense in Phoenix
The penalties for prescription fraud offenses vary depending on the specific charge and the type of drug involved. Most prescription fraud charges involving a controlled substance are classified as felonies.
- Obtaining a Narcotic Drug by Fraud (Class 4 Felony): This is one of the most common charges and applies to a wide range of fraudulent acts. A conviction can result in a prison sentence of up to 3.75 years and a fine of up to $150,000.
- Obtaining a Prescription-Only Drug by Fraud (Class 1 Misdemeanor or Class 5 Felony): This is a less severe charge. The first offense is a misdemeanor, but a subsequent offense can be a felony.
- Prescription Forgery (Class 4 Felony): This offense involves altering a legitimate prescription or creating a counterfeit one. The penalties are the same as for obtaining a narcotic drug by fraud.
- Doctor Shopping (Class 6 Felony): This is a specific form of prescription fraud where a person knowingly withholds information from a practitioner about having received a prescription for the same or a similar drug from another practitioner within a concurrent time period. This is a felony with a potential prison sentence of up to 2 years.
- Drug Trafficking: A charge of prescription fraud can quickly escalate to a more serious charge, such as drug trafficking, if the amount of the drug in your possession meets the statutory threshold for trafficking, regardless of whether you had the intent to sell it. In such cases, the penalties are much more severe. A knowledgeable prescription fraud attorney in Phoenix will fight to prevent this escalation and work to reduce the charges you face.
Penalties and Collateral Consequences of Prescription Fraud Convictions in Arizona
The direct legal penalties for a prescription fraud conviction depend on the class of the offense. These can include:
- Incarceration: Prison time, ranging from a few months for a misdemeanor to several years for a felony.
- Fines: Fines can be substantial, often reaching into the thousands of dollars.
- Probation: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
- Mandatory Drug Testing: As a condition of probation, you will likely be required to submit to regular drug testing.
- License Suspension: A conviction for prescription fraud can lead to the suspension or revocation of your driver's license.
Collateral Consequences
A criminal record for a drug offense can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.
Additionally, a felony drug conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.
Why Choose a Prescription Fraud Lawyer in Phoenix
As an attorney who has worked as both a prosecutor and a defense advocate, I offer insight that is rare among prescription fraud lawyers in Phoenix. My process is built on thorough analysis of every detail, challenging any procedure or piece of evidence that does not meet Arizona’s high legal standards. You receive direct, honest communication with me from start to finish, and I build every defense strategy with your specific needs at the center.
- Former Prosecutor Perspective: Anticipate and counter prosecutorial strategy from day one.
- Over 25 Years of Defense Experience: Decades of focused Arizona criminal defense in both negotiation and trial settings.
- Science-Based Challenges: A sophisticated understanding of prescription drug regulations and forensics to challenge flawed evidence.
- Comprehensive Investigation: Scrutinize law enforcement conduct, pharmacy records, and witness statements for constitutional and factual defenses.
- Transparent Communication: You always receive timely updates and a clear explanation of next steps.
My approach goes beyond the surface and addresses the factors that can make or break a prescription fraud case. Any physical or electronic evidence from a pharmacy, healthcare provider, or the Arizona prescription monitoring program is thoroughly reviewed for inaccuracies, potential misinterpretations, and compliance with state and federal law.
Relationships I’ve built with local forensic professionals allow me to bring in additional expertise when warranted, and my commitment to continuous improvement ensures that your defense strategy is always current with recent changes in Arizona and Phoenix court policies. This attention to detail provides you with the strongest legal position possible going into negotiations or a trial.
Hear From the People We’ve Helped
Testimonials and Reviews
At The Koplow Law Firm, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Great trial attorney."
Lawrence is tenacious, relentless, and extremely passionate about his clients and their cases. He leaves no stone unturned in his investigations, and his cross examinations are grueling. His knowledge of the science of DUI's and the testing procedures is unsurpassed. Great trial attorney.
- Jesse S. -
"Unquestionably one of the top DUI/ criminal defense attorneys in Arizona."As a practicing attorney in DUI and criminal defense, and as a former prosecutor who went against Lawrence on several cases, I can attest that the State knows they will have their hands full when Lawrence is on the case.- Ryan M.
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"You cannot go wrong with Lawrence."
Great attorney! Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.
- Charity C. -
"No other lawyer knows the science of DUI like Lawrence does."Lawrence is the best lawyer I have ever met. If your career is on the line then he is the guy. No other lawyer knows the science of DUI like Lawrence does. I will be forever grateful!- Greg S.
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"It was miracle!"
It was miracle!... A lot of people don't really understand the benefit of having an attorney who used to be a prosecutor. They know all the little tricks and scare tactics the state has as opposed to just hiring an attorney who is a little fish in a big pond.
- Joe C. -
"One of the best."Lawrence Koplow is one of the best DUI and vehicular defense attorneys in the state of Arizona. Anyone would be extremely fortunate to have him as their advocate.- Jack L.
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"You cannot go wrong with Lawrence."Lawrence thinks outside the box and goes above and beyond for his clients and the legal community at large. If you are looking for aggressive representation, you cannot go wrong with Lawrence.- Charity C.
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"Nobody knows the court and laws better than him."Lawrence represents very high-profile clients who greatly depend on a good outcome, and this guy will deliver. This is a prosecutors' worse nightmare, and it should be that way if you need an attorney.- David E.
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