If you’re here, it’s likely you’re facing criminal prescription drug charges and doing serious research about your options. You're likely googling to learn about criminal defense penalties, and looking to learn about what happens next. At Spodek Law Group P.C., we understand how important this is. And we take it very seriously. You might be worried about losing your professional medical license, facing potential immigration criminal issues, or dealing with allegations that you never imagined. So we’re going to walk you through the maze of laws in NYC and at the federal level, plus the strategies we use to win these cases. Our goal is to help you and defend you. We know how serious this is.
Our Team’s Core Philosophy
We are recognized as a top rated state and federal criminal defense law firm. We have offices throughout Long Island and NYC, and our attorneys are available 24/7. Our team of attorneys has over 50 years of combined experience handling the toughest legal issues nationwide. When you work with us, you’re getting a dedicated group that’s known for transparency, technology-driven service, and a top notch mindset. Our managing partner, Todd Spodek, is a second-generation criminal defense lawyer with a long track record of results. Many of our clients choose us because we excel at handling cases that others consider unwinnable. Our goal is to help you get the outcomes you want.
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Medical Malpractice or Over-Prescription Investigations:
The line between a legitimate prescription and a criminal act can be very thin. Prosecutors will sometimes allege that a physician or pharmacist did something outside the usual course of professional practice. So we often bring in expert witnesses-like a toxicologist or seasoned medical professionals- in order to argue that your prescribing habits weren’t malicious but were in alignment with patient needs.
Doctor Shopping Allegations and “Pill Mill” Concerns:
Sometimes, law enforcement uses prescription monitoring programs (PMPs) to track repeated refills and multiple doctors issuing the same medication. If you’re a patient who is accused of “doctor shopping,” or if you’re a medical provider who’s under suspicion of running a “pill mill,” it’s very important to look closely at how the data was gathered. We spend immense time scrutinizing the search warrants, the chain of custody for any seized records, and the methods used by the DEA or local agencies.
State vs. Federal Charges:
These types of cases can be prosecuted at either level, depending on the circumstances. A small situation - like a single forged script-could stay in state court under NY Penal Law § 220. But large-scale operations involving interstate trafficking often trigger federal statutes like 21 U.S.C. §§ 841 and 846. And, there are big differences in sentencing guidelines, including mandatory minimums for certain Schedule II opioids. Our criminal defense law firm customizes our strategy to the specific court system you’re in.
Conspiracy or RICO Charges:
We’ve seen prosecutors expand their approach by alleging that multiple individuals collectively intended to distribute or profit from prescription drugs. A single act of filling a script could become part of a conspiracy if other pieces align. We challenge this notion by requiring the government to prove your intent and your direct role. If they can’t, those allegations can fall apart in court, and the case can fall apart.
Penalties for Pharmacists and Physicians:
If you’re a pharmacist or physician accused of misprescribing, you might face not only jail time but also have your professional license revoked, you could face financial penalties, and potential civil or administrative actions. We step in to save you from all angles. Sometimes that means coordinating with professional licensure boards while we work on your criminal defense.
Strategic Pre-Trial Motions:
We dig into search and seizure issues. Was that warrant specific enough to justify the government’s intrusion? If not, we file motions to suppress. We also look at entrapment concerns-especially if undercover agents pushed you to issue a prescription you ordinarily wouldn’t have. If evidence is thrown out, the entire case might collapse.
Plea Bargains and Early Intervention:
But there are times when going to trial may not be your best move. We pride ourselves on having the creativity to negotiate plea deals when that’s what you need. We look for alternative sentencing programs, like drug courts or diversion programs, especially when addiction or mental health factors are at play. Our objective? To secure an outcome that protects your future-whether that’s a reduction in charges or a strategy aimed at dismissal.
A (Short) Scenario
Imagine you’re a nurse who issued a prescription for a strong medication after a patient insisted they had a chronic condition. Turns out that patient might’ve been working with undercover agents. Now you’re facing felony charges. We zero in on your patient’s full medical file. We gather statements showing you believed in good faith that the prescription was appropriate. If the government fails to prove your intent to violate the law, their case can crumble.
Potential Defenses, Nuanced and Specific
- Valid Prescriptions: Having a legitimate medical basis for prescribing or possessing pills can nullify allegations of wrongdoing.
- Lack of Criminal Intent: If you honestly believed you were acting within the scope of professional practice, that’s crucial.
- Illegal Search and Seizure: If law enforcement gathered evidence unconstitutionally, it can be tossed out.
- Entrapment: Sometimes, federal or state agents push the boundaries of what’s legal in undercover operations.