TAMPA, FL PRESCRIPTION FRAUD LAWYERS

Possession of a Prescription Drug without a Prescription

Under Florida Statute § 893.13(6)(a), it is a criminal offense to actually or constructively possess a prescription drug if you do not have a legitimate prescription for it from a licensed healthcare professional. Actual possession is when a person has the drug on their person, whereas constructive possession is when someone has knowledge of and control over a drug, like in their car.

The severity of the punishment depends on the type of drug as well as the quantity of the drug that a person has in their possession.

Fraudulent Prescription Acquisition

Fraudulent prescription acquisition is the act of obtaining a prescription for a medication through the use of false claims or deception. This is outlined in Florida Statute § 893.13(7)(a)13 and can be committed in various ways, including through the use of deceit, forgery, theft, or impersonation of another person.

What are the Penalties for Prescription Drug Fraud Charges in Florida?

Prescription drug crimes can lead to severe penalties like hefty fines and potential jail time. The severity of the consequences often depends on the specific nature of the crime, the type and quantity of drugs involved, and the individual’s prior criminal record.

Many types of drug crimes are felony offenses, and being charged with a felony can affect various aspects of a person’s life. It can ruin their reputation, make it harder for them to find employment or housing, and prevent them from voting in elections. Also, while they tend to carry lesser punishments, misdemeanor crimes can also cause people to experience significant roadblocks in life.

Why You Need Help From an Experienced Tampa Criminal Defense Law Firm Like Buda Law

In Florida, drug crimes are prosecuted heavily, which means they require a strong defense in order to effectively fight against them. That’s why it’s so important to have an experienced drug crime attorney on your side to defend against these charges. If you are facing charges of prescription drug crimes in Florida, Buda Law is the trusted legal partner you can turn to.

Attorney Andrew Buda has experience working as a prosecutor as well as a criminal defense lawyer, so he has a unique advantage when it comes to defending his clients. He knows exactly what strategies his opposition will use and can prepare arguments to use against them in court.

Additionally, Attorney Buda can provide you with the personal support and professional legal counsel you need to get through this trying time. He understands how the Florida criminal defense system works and can help you navigate your way through it and out of it.

Defense Strategies for Prescription Fraud

Those accused of prescription drug crimes need a strong defense strategy that can challenge the prosecution’s claims as well as their evidence. Luckily, a skilled Tampa criminal defense attorney like Andrew Buda will know exactly which defense or defenses to use in a given case.

One of the most common defenses against prescription medication fraud is proving a lack of intent to commit fraud. If a person is given a forged prescription that they believed was legitimate, they did not have intent to defraud and may not be penalized or may receive a lessened punishment.

Another common defense is proving that the prescription was a medical necessity and was needed for a legitimate reason. If a person is wrongfully accused of illegally possessing or obtaining a controlled substance, despite having a valid, verifiable prescription for it, they can prove their prescription was valid in court.