Los Angeles Prescription Drug Crime Attorneys

Lawyers Navigate Legal Issues With Los Angeles Prescription Drug Charges

As incidents of prescription drug abuse and misuse rise in California, there is a growing concern for a correlating rise in associated criminal activity. Therefore, it is important to consult an experienced Los Angeles prescription drug crime attorney who understands the legal framework governing prescription drug crimes in California and how it may limit your rights.

The attorneys at Werksman Jackson & Quinn LLP have extensive experience advocating for the rights of our clients, and our track record can attest to our success. Head attorney Mark Werksman was selected by Super Lawyers in the field of white-collar criminal defense for over ten years in a row. Partner Alan Jackson has tried more than 85 cases to jury verdict with a career success rate of 96 percent.

Call us at (213) 688-0460 for a complimentary consultation to learn more about your legal options.

Overview of Prescription Drug Crimes in California

A comprehensive understanding of prescription drug crimes involves distinguishing between legal and illegal possession, distribution, and use of prescription drugs. California’s Health and Safety Code provides the foundational framework to address prescription drug crimes, encompassing various sections concerning the possession, distribution, and use of prescription drugs.

Common Prescription Drug Offenses Include:

• Unlawful possession or use of prescription drugs
• Prescription fraud, forgery, or alteration
• Illegal sale, distribution, or trafficking of prescription drugs

Understanding the Elements of Prescription Drug Crimes

The crime of unlawful possession or use of a prescription drug has the following elements:

• Possessing a controlled substance without a valid prescription
• Knowledge and intent to use the prescription drug unlawfully
• Evaluation of the quantity and purpose of possession

Prescription drug offenses may involve prescription fraud. Under California law, an individual is guilty of prescription fraud if the prosecution can prove the following:

• Knowingly obtaining or attempting to obtain prescription drugs through deception
• Forging or altering prescription details such as dosage or patient identity
• Possession of an unauthorized prescription drug
• Intentionally using the prescription in a fraudulent manner

Importantly, mere possession of a forged prescription may not be adequate to prove intent in the absence of stronger evidence. A person can have an innocent explanation for possessing the forged prescription. “Doctor shopping” is a common example of prescription fraud, where an individual engages with several healthcare providers to obtain multiple prescriptions without disclosing that they obtained such prescriptions. This demonstrates the requisite intent and unlawful action contemplated by prescription fraud laws.

The crime of illegally selling, distributing, or transporting prescription drugs involves:

• Unlawful possession of prescription drugs with the intent to sell
• Scheduled controlled substances under California law
• Evaluating the quantity of the controlled substance
• Transporting or distributing the controlled substance
• Knowledge that the prescription drug was a controlled substance
• Lack of a valid prescription

Penalties in Los Angeles for Prescription Drug Crimes

When facing prescription drug crime charges in Los Angeles, the potential penalties can be life-altering. Misdemeanor charges may result in fines, probation, and mandatory drug counseling or treatment. Under California Health & Safety Code 11173, felony prescription drug fraud carries up to 3 years in jail. The transport, import, transfer, or sale of controlled substances carries up to 5 years in jail, and transporting a controlled substance to a noncontiguous county in California carries up to 9 years in jail.

Most Commonly Abused Prescription Drugs

Prescription drug crimes are a major area of concern within law enforcement. Types of prescription drugs that are frequently abused include:

• Opioids are medications like oxycodone and morphine, and they are typically prescribed for severe pain management but can lead to dependence and illegal use. Oxycodone, found in medications such as OxyContin and morphine, is often used in hospital settings. They are potent pain relievers that can be misused when taken in higher doses than prescribed or without a prescription.
• Stimulants such as Adderall and Ritalin are commonly prescribed to treat attention deficit hyperactivity disorder (ADHD) and narcolepsy. These medications help increase focus and energy levels, making them prone to abuse, especially among students and professionals seeking to enhance performance. Adderall, which contains amphetamine, and Ritalin, which contains methylphenidate, can lead to addiction, heart problems, and mental health issues when misused. Abuse often occurs when individuals take higher doses than prescribed, use the medication without a prescription, or seek the euphoric effects associated with these drugs.
• Sedatives and anti-anxiety medications, including drugs such as Xanax and Valium, are frequently prescribed to manage anxiety disorders, panic attacks, and sleep issues. These medications, which belong to a class known as benzodiazepines, work by depressing the central nervous system to produce a calming effect. Because of their potential for dependence, abuse is significant. Misuse often involves taking higher doses than prescribed, using these drugs without a prescription, or combining them with other substances like alcohol to enhance their effects. This can lead to severe health risks such as respiratory depression, overdose, and even death.
• Anabolic steroids, such as Testosterone and Anavar, are synthetic substances similar to the male sex hormone testosterone. These drugs are often prescribed to treat hormonal issues, muscle loss from diseases, and delayed puberty. However, they are frequently abused by athletes and bodybuilders seeking to enhance muscle mass and performance. Misuse of anabolic steroids can lead to severe health problems, including liver damage, heart disease, aggressive behavior, and reproductive system issues.

Prescription Drug Crime Investigations in Los Angeles

Law enforcement agencies employ a variety of techniques to investigate prescription drug crimes. Undercover operations are a common method where officers pose as buyers or sellers to gather evidence and identify suspects.

Surveillance is another key technique that involves monitoring suspects’ activities through physical observation or electronic means, such as wiretaps and GPS tracking. Informants and tips from the public also play a crucial role in investigations, providing insider information that can lead to significant breakthroughs.

Law enforcement often collaborates with pharmacists and healthcare providers to identify suspicious prescribing patterns and potential abuse. These techniques are designed to build a strong case against individuals involved in the illegal distribution or misuse of prescription drugs.

Prescription Drug Monitoring Programs (PDMPs) are state-run electronic databases that track prescriptions for controlled substances. These programs play a critical role in combating prescription drug abuse by providing law enforcement and healthcare professionals with valuable data on prescribing and dispensing patterns. PDMPs help identify potential cases of doctor shopping, where individuals visit multiple healthcare providers to obtain prescriptions for the same medication. They also flag unusual prescribing behaviors that may indicate fraudulent activity or over-prescription by healthcare providers.

Impact of Prescription Drug Crimes on Personal and Professional Life

The personal consequences of prescription drug crimes can be severe and far-reaching. Health issues are a significant concern, as misuse of prescription drugs can lead to addiction, overdose, and long-term physical and mental health problems. Relationships with family and friends may also suffer as trust erodes and conflicts arise from the illegal activity and its repercussions. Being charged with a prescription drug crime in Los Angeles can lead to ostracization and damage to one’s reputation within the community. It can also lead to financial instability due to legal fees and potential loss of income.

The professional consequences of prescription drug crimes are equally serious, often affecting one’s career and future opportunities. A felony conviction can result in immediate job loss and difficulty finding employment, as many employers conduct background checks and may hesitate to hire individuals with criminal records. For licensed professionals, such as doctors, lawyers, nurses, and teachers, a felony conviction can lead to the suspension or revocation of professional licenses, effectively ending their careers.

A felony conviction can severely impact your immigration status, and it could lead to deportation or denial of citizenship. It can also impact your right to own firearms, as federal law prohibits individuals with certain criminal records from possessing guns. In divorce proceedings and custody hearings, a felony drug conviction can be used against you.

How Your Attorney Can Build a Robust Defense Strategy

A comprehensive defense strategy against prescription drug charges will attack the prosecution’s evidence, establish the elements of the crime, assert an affirmative defense to excuse the defendant’s actions, and raise due process concerns.

Effective challenges to the prosecution’s case may involve:

• Demonstrating a lack of awareness of the illegal nature of the prescription drug
• Establishing that the possession or use was accidental or unknown
• Presenting evidence that the prescription was obtained lawfully

Furthermore, the defendant can assert an affirmative defense in the following ways:

• Providing evidence of a legitimate prescription from a licensed healthcare professional
• Establishing a valid medical necessity for prescription drug use
• Obtaining expert testimony or medical records to support the defense

Your Los Angeles criminal defense lawyer can identify acts that violate the defendant’s due process rights. This includes challenging the search and seizure of evidence under the Fourth Amendment and impeaching the credibility of informants or witnesses.

Contact Our Los Angeles Lawyers for Valuable Drug Crime Defenses

Prescription drug crimes can have severe implications on someone’s life. It is crucial to take steps to protect your rights by understanding the legal elements and ramifications of the offenses in question and building a robust defense strategy.

Werksman Jackson & Quinn LLP is comprised of experienced and proven Los Angeles drug crime attorneys who understand the legal ins and outs of prescription drug crimes. We are here to guide you through the complex legal proceedings so you can confidently face your charges.

Reach out to us at (213) 688-0460 to schedule a free initial consultation.