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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

NYC Prescription Drug Criminal Lawyers

Federal law prohibits a person who doesn’t have a license to write prescriptions, to either sell, or give, prescription drugs to someone else under (21 U.S.C. § 841(a)). If a doctor or pharmacist, or someone else whose licensed to give medicine – knowingly sells or gives prescription drugs to someone who doesn’t have a need, or valid prescriptions, then he or she can be held liable. Selling can involve either being paid money, or agreeing to sell or exchange. The illegal sale of drugs has surged recently, thanks to pain meds such as Vicodin, and Percocet. There’s a huge demand for these drugs in a recreational manner, rather than for valid medical reasons. This has resulted in an increased in the illegal sales of prescription drugs. In addition, fake pain management clinics have sprung up, which are run by licensed individuals who write and fill these unnecessary and invalid prescriptions.

Illegal sale of the drug is a manner which is defined in several ways. For example, a person who has a valid prescription can be convicted of illegally selling drugs if he/she takes the drug and sells it to someone. A health care provider can be found guilty of writing a prescription which isn’t medically necessary, or for prescribing an amount which isn’t medically necessary. Pharmacists who knowingly fill an invalid prescription can also be charged with a crime.

What does the prosecution have to prove

Depending on how the alleged act occurred, there are many different plausible defenses. If you are accused of selling prescription drugs, then prosecutor has to prove that you knowingly sold or gave a prescription drug to someone who lacked a valid prescription. If the defendant is a health care provider, then the prosecutor has to prove the defendant intentionally wrote, or filled, the bogus prescription.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

If you’re charged with illegally selling drugs, then defendants have to prove that you have no intent to sell the drugs, but simply possessed the drugs for personal use. If you’re a health care professional, then our team of lawyers will argue that you had medically valid reasons for writing the prescription. We find expert testimony that will support your claim, and prove you had no reason to suspect that you were filling an invalid prescription.

There are many possible penalties for the illegal sale of prescription drugs. Convictions for an illegal sale of prescription drug carries very severe penalties. Selling illegally is treated more seriously than simply possessing the drug As a result, a possession conviction can result in a fine or misdemeanor. However, an illegal sale conviction can result in a felony record – in addition to a prison term. Health care providers who are convicted of illegally selling prescription drugs face not only criminal penalties, but will also lose their license – and livelihood.

Here is some additional information that relates to the sale of drugs.

Sale of a Controlled Substance
Selling Oxycontin/Oxycodone
Distribution of Amphetamines
Can I go to jail for selling fake drugs?
Hire our criminal defense lawyers

Being charged with illegally selling prescription drugs is a serious matter, which can rapidly escalate into a federal matter. It’s recommended that you speak to an attorney. Hiring a knowledgable criminal defense attorney can help ensure your freedom. The attorney you hire can help build a solid defense in your favor. Our attorneys can help convince either a prosecutor, or jury, that you had no intention to sell the drugs, and possessed it simply for personal use. This can result in no punishment, or lesser punishments. In addition, our criminal attorneys can help prevent loss of license of health care providers as well. Contact us for a risk free consultation.

Prescription drugs are meant for the person who they were prescribed to, in the amount allowed. You can go to jail, pay fines, or be convicted, for abuse, distribution, or unauthorized use of drugs. Every state has a different way of addressing illegal prescription drug use. If you have too many illegal drugs in your possession, it can cascade into drug distribution and possession.  If that happens, you need an NYC criminal attorney to help.

Over the last few years, the DEA is focused on stopping the sale and distribution of prescription medication. They want to stop the illegal distributions of drugs like oxycodone, percocet, hydrocodone, and others. Many healthcare professionals, and users, have come under the microscope. An allegation of fraud, or intent to distribute, can ruin your reputation.

You could be charged with wire fraud, mail fraud, health care fraud, security fraud, and face other federal charges.

Healthcare Providers

When investigating federal drug fraud, or illegal distribution, the Federal Government will look at things like prescriptions filed, patient records, records from the pharmacy, and a wide array of other data about the doctor, the pharmacy, and patients. They’ll speak to your employees, and patients. They may even come during normal business hours, during their investigation. In some cases, you’ll be issued a grand jury subpoena, for records, or testimony pertaining to your business. It’s critical during these stressful times, you hire an NYC criminal lawyer to help. Our former prosecutors have years of experience – helping you at every step of your investigation.

Prescription Drug Fraud Punishments

Prescription drug fraud cases are prosecuted as health care fraud cases, and illegal drug distribution cases. Healthcare fraud cases have a maximum penalty of 10 years, whereas illegal drug distribution laws have a penalty as much as life imprisonment and a $1,000,000 fine. Illegal drug distribution has been used to help prosecutors provide severe penalties to healthcare professionals who are distributing prescription medicine which was not medically necessary. Under Title 21, Section 841, it’s illegal for anyone to intentionally distribute a controlled substance – unless it’s done so under the regulations of the laws. That means doctors and pharmacies are under scrutiny, since they are the agents that are legally authorized to distribute controlled substances. If the physician distributes it while knowing it’s not medically necessary – this can become a serious Federal offense.

In any illegal drug distribution case, the prosecutor will look for criminal elements that prove there was malice. First, the defendant has to sell, or give, the controlled substance – while knowing it wasn’t medically necessary. In addition, the defendant has to do so knowingly, or intentionally. Third, the defendant has to know the substance was a controlled substance. In some cases, healthcare professionals with good intentions may get in trouble – for what they thought was a good willed move to help a patient. In other cases, we’ve seen colleagues of a fraud-conducting healthcare provider get in trouble. Regardless of what you did, a conviction for illegal drug distribution could signal the end of your career. If the DEA searches your office, or home, you need to speak to an NYC criminal attorney immediately.

Other useful articles

New York State Criminal Diversion of Prescription Medication

From Witness to Target: Potential Exposure & Consequences of a Federal Investigation
Understanding the Federal Arrest Process: The Importance of Knowledgeable Counsel
Federal Sentencing Guidelines: Understanding Your Criminal Exposure

Understanding Federal Subpoenas: How the Government Can Force You to Appear
Federal Arrest Warrant: What it Means & Your Next Steps

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