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Los Angeles Forging a Prescription Lawyers

Los Angeles Forging a Prescription for a Narcotic Drug

Both federal and California laws make it illegal to use a forged or altered medical prescription to obtain drugs. The relevant federal statutes can be found in The Federal Controlled Substances Act – 21 USC 843 while proscriptions under California law can be found in both Health and Safety Code 11368 and Business and Professions Code 4324 BP. A violation of the Health and Safety Code 11368 is the more serious of the two state crimes.

If you’re charged with forging a prescription in Los Angeles, an experienced criminal defense attorney can help you safeguard your legal rights and explore options that may be able to help you achieve the most positive outcome given the circumstances of your case.

What Is Forgery?

Forgery specifically refers to tampering with a written or printed document or instrument with the intent to defraud. The standard for proving the intent under California state law is whether or not the altered document could either deceive or cause financial harm to an individual who believes the document to be authentic.

Business and Professions Code 4324 BP

Business and Professions Code 4324 BP makes it a crime to forge a prescription for drugs or to possess drugs that were obtained through the use of a forged prescription. Prescriptions under this statute can also refer to phone calls that are made to a pharmacy during which the caller impersonates a health care professional who has the authority to prescribe drugs. The statute covers prescriptions written on pads that were stolen from health care providers as well as legitimate prescriptions that have been altered to increase the amount of prescribed medication.

Violations of Business and Professions Code 4324 BP can be charged as either misdemeanors or felonies at the District Attorney’s discretion. Penalties for misdemeanor violations can include a county jail term of up to one year and a fine of up to $1,000. Penalties for felony violations can include up to three years in a county jail and a fine of up to $10,000.

California Health and Safety Code 11368

California Health and Safety Code 11368 specifically addresses prescription forgeries that are undertaken for the purpose of obtaining narcotics such as opiates. The statute also makes it illegal to possess narcotic substances obtained through the use of a forged prescription.

Violations of California Health and Safety Code 11368 can be charged either as misdemeanors or felonies. Penalties are similar to the penalties that apply for a violation of Business and Professions Code 4324 BP.

If you are not a U.S. citizen, law enforcement officials are required to notify U.S. Immigration and Customs Enforcement if you are arrested pursuant to this statute.

Misdemeanor or Felony?

In determining whether to charge violations of either of these two codes as a misdemeanor or a felony, the District Attorney will review a number of factors, including the alleged perpetrator’s past criminal history and whether or not the drugs obtained fraudulently were sold or retained for personal use. Additionally, felony charges are frequently made initially as a means of persuading the alleged perpetrator to plead guilty to a misdemeanor charge.

Legal Defenses

Possession of a forged prescription is not a violation of either Business and Professions Code 4324 BP or California Health and Safety Code 11368. The crime occurs when some party attempts to use the forged prescription. If you did not realize the prescription you used to obtain drugs was forged, you may have grounds for disputing charges brought under these two statutes. Even if the drugs in your possession were obtained fraudulently through the use of a forged prescription, if the drugs were discovered in violation of California’s search and seizure laws, you may also have grounds to dispute charges. Speaking with an experienced criminal defense lawyer in Los Angeles is the best way to explore the options that may be available to you.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
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Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
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Asata Hendricks
2021-03-02
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Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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"Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

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