Prescription Drug Abuse: Navigating Criminal Defense and License Defense

The Fastest Growing Drug Problem

Prescription drug abuse is a rapidly escalating problem, with fatal overdoses from prescription drugs resulting in over 10,000 deaths annually. With this growing crisis, physicians are under increased scrutiny to reduce the prescription of narcotics while maintaining an acceptable standard of care.

Complex Regulatory Framework

The complex regulatory framework for prescription drug abuse requires a deep understanding of both state and federal guidelines. Unfortunately, only a few attorneys and physicians truly grasp how to create a credible defense in the event their standard of care is deemed a criminal departure. The consequences for failing to adhere to these guidelines are severe, including revocation of state and DEA licenses, thousands of dollars in fines, and even jail time.

Proving Legitimate and Professional Treatment

As a healthcare provider, it is your responsibility to prove that you acted within the scope of your practice and prescribed controlled substances for legitimate and professionally recognized therapeutic purposes. When accused of drug trafficking, you must demonstrate that you did not dispense, prescribe, or administer a substance for any reason other than legitimate and professional treatment.

Consequences for Deviating from Accepted Standards

However, deviating from accepted standards and engaging in illicit activities can result in severe criminal penalties, including jail time, as well as licensing sanctions from your state pharmacy, medical, dental, or veterinary board. Additionally, you could face federal charges and administrative action from the DEA under the Controlled Substances Act.

DEA Privileges: Even After Acquittal

The 21st USC Controlled Substances Act, established in 1970 to combat drug abuse and regulate the trafficking of controlled substances, allows for the DEA to revoke a physician’s prescription privileges even if they are acquitted in a criminal court. This is because the standard applied by the DEA to determine if a practitioner’s registration is in the public interest is much lower than that applied in criminal cases.

The Importance of Hiring a Qualified Attorney

When deciding if a practitioner’s registration is in the public interest, the attorney general will consider the recommendation of the state licensing board, the practitioner’s experience in dispensing, and their compliance with state and federal laws, among other factors that may pose a threat to public health and safety. It is essential to hire the best possible attorney to handle your case, as the consequences of not adhering to these guidelines can be devastating.

Navigating the Complexities of Criminal Defense and License Defense

It is crucial to speak to an experienced and competent law firm that understands the intricacies of criminal defense and license defense in the realm of prescription drug abuse. By doing so, you can ensure that your rights are protected and that you have the best chance of navigating the complex regulatory framework.

Drug Crime Defense: The Fight for the Best Outcome

Strategies for the Defense

As you face charges and the prosecution holds evidence against you, your drug crime defense attorney will tirelessly work to craft a case that brings forth the best possible outcome. While it is unrealistic to anticipate a verdict of innocence when you are guilty of the crime, your attorney can employ different tactics regardless of your guilt or innocence. With their experience from prior cases, they will strategically formulate a plan to defend you in court.

The Power of Plea Bargains and Reduced Charges

Your defense attorney will actively present your case, potentially calling upon witnesses and experts, introducing new evidence, and making a final argument in your defense. If the judge finds you guilty, the court will move to the punishment phase, where your attorney will present a new argument aimed at securing a lighter sentence. Most crimes come with a range of years in prison and a specified dollar range for fines, giving the judge the discretion to impose a harsh or lenient punishment. Your attorney’s skilled representation could mean saving you years behind bars and thousands of dollars in fines.

Choosing the Right Defense Attorney

While many criminal attorneys may be eager to take on your case and fight for the best outcome, drug crime cases require a unique understanding of the laws and defense strategies. It is imperative to find an attorney with substantial experience in drug crime cases and a successful track record of dropped charges, innocent verdicts, and reduced sentences. As your attorney needs time to review the facts and build a defense, now is the time to schedule a consultation.

Defend Your Future with an Experienced Drug Crime Defense Attorney

Drug Distribution and Trafficking

Drug distribution and trafficking involve the illegal movement and sale of substances such as cocaine, heroin and other illicit drugs. These crimes fall under the jurisdiction of either federal or NYC state law, depending on the circumstances of the case. If the crime involves multiple states, federal law will take precedence.

Penalties for Drug Charges

The penalties for drug charges vary based on the type of drug and the amount found in your possession. If law enforcement believes that you are in possession of drugs with the intention of selling them, even if no transaction has taken place, they can arrest you for drug trafficking. The possession of small amounts of drugs such as marijuana may result in fines, but larger quantities can lead to imprisonment and hefty fines.

Drug trafficking charges don’t just apply to illegal drugs. Unlawful distribution of prescription drugs, such as painkillers, also constitutes drug trafficking. Buying such medications without a prescription can also lead to criminal charges.

Unlawful Drug Prescribing or Dispensing Lawyers

Our criminal defense attorneys represent healthcare providers across the country in federal cases involving the illegal prescribing or dispensing of drugs. Our team of experienced lawyers provides legal representation to licensed healthcare professionals, such as doctors, pharmacists, dentists, veterinarians, and mid-level professionals, who have been accused of violating federal and state laws related to controlled substances.

Defense in these cases is complex, as it involves navigating a range of federal and state statutes, regulations, and agencies. In addition to the criminal case, a healthcare professional may also face civil and administrative proceedings that result in additional penalties and sanctions, as well as exclusion from practicing medicine and billing for Medicare/Medicaid if convicted of a criminal offense.