What is Prescription Fraud?

It is critical to ensure that you work with an experienced criminal defense attorney, such as myself, when you have been charged with prescription fraud. These can be rather serious charges that can have a lasting impact on your life. I strive to provide the appropriate legal guidance to help you obtain the best possible outcome for your prescription fraud case. The right services will help to ensure that you can make the ideal decisions for your case and situation. Here are a few important points that you need to keep in mind if you have been charged with prescription fraud. 

Why Prescription Fraud is Considered a Serious Crime

Though specific laws vary between states, it is important to note that in most places, prescription fraud in considered a serious crime. This is because prescription fraud is an action that is capable of having a substantial impact on other people, besides just the perpetrator. When prescription fraud occurs in a high degree, it can lead to increases in healthcare premiums that everyone is required to pay. It also tends to result in higher healthcare costs, deductibles, and taxes. While this is generally when prescription fraud is a serious problem in an area, individual cases are considered to be particularly serious, as well. There are several other factors that may impact the perceived severity of your particular case. Consulting with me, Zachary C. Holbrook, can help you to identify what you should generally expect throughout your case. This helps to ensure the ideal outcome for your specific case. 

Types of Prescription Fraud

There are several ways in which prescription fraud can occur. The type of fraud will often result in differences between the charges, as well. If an individual lies to a pharmacist or their doctor in order to obtain a medical prescription, they are likely engaging in fraud. Doctor shopping is a particularly common type of prescription fraud. In these situations, an individual visits multiple doctors for prescriptions, without telling them that they are receiving prescriptions from other doctors. Doctors can also be perpetrators of prescription fraud. In these scenarios, the doctor is often charged for prescribing patients with medications that don’t serve them a particular purpose. 

The Importance of a Good Defense

It is absolutely critical to plan a good defense for your case when you have been charged with prescription fraud. I offer criminal defense services to help ensure that you can obtain the best outcome for your particular situation. The charges for this type of fraud can fluctuate substantially, depending on many different factors. The guidelines will vary between each state and the penalties will similarly vary depending on the factors of the specific situation. In Utah, these charges can range from a misdemeanor to a felony. Any prescription fraud cases can result in substantial penalties that can have a lasting impact on your life. Due to these potential penalties, it is critical to consult with me for excellent guidance throughout your case. 

Common Prescription Fraud Defenses

There are several types of defenses that are often used in prescription fraud cases. The best defense will depend on the factors of the case, as well as the state. Understanding some of the most common prescription fraud defenses can help you to know what to expect throughout your own case. When you work with me, we will develop the best defense for your particular situation. This will go a long way toward providing the most effective defense that will result in the best outcome. 

If the defendant is a doctor, it is very common to adopt the “good faith” defense. In this defense, it is argued that the doctor was acting in good faith and would not have prescribed the medication if they had known a specific fact about the person they prescribed it to. Another common defense in prescription fraud is to argue that the evidence was collected illegally. For example, if the premises was searched without a warrant, the evidence was not collected legally and can usually not be implemented in a court. 

Contact Me

Prescription fraud cases can be very serious. It is crucial to ensure that you contact me for guidance throughout your case when you have been charged with fraud. I can help to develop the ideal defense and legal guidance to make it throughout your case. There are many ways in which you can potentially be charged with this, which can result in substantial issues that impact your life. To obtain the best legal representation for your case, contact me today!

Coronavirus has brought around a completely unprecedented time. It is difficult for me, or anyone else, to predict the other consequences that will occur due to the arrival of this virus. One thing I do know, however, is that coronavirus has come with a substantial spike in domestic violence cases across the country. It is important to understand why this is happening, as well as the consequences that you may experience as a result of being charged with domestic violence.

Coronavirus Restrictions

The pandemic has resulted in a wide array of coronavirus restrictions that have disrupted all of our regular lives. One of the major impacts of these restrictions is that they cause cohabiting individuals to be in constant close contact with each other. They all prevent any escape or distance during arguments, conflicts, or other incidents within a household. This can cause tempers to rise exponentially, to a degree that they are unlikely to have ever experienced before. This is just one of the reasons behind the increase in domestic violence cases due to coronavirus.

Risks of Getting Help

While there is an increase in domestic violence charges, there are also issues associated with people attempting to seek help during these situations. Many people that are stuck in a domestic violence situation are fearful to reach out to others for help because of the pandemic. Any time outside of the home leads to an increased risk of exposure to the virus. Due to the fear that surrounds the virus, many people avoid seeking help, such as medical treatment, due to the idea that this treatment will increase their risk of being exposed to the virus. This can compound problems that come along with domestic violence cases.

Fewer Options

Individuals that are stuck in domestic violence situations now have fewer options for refuge because of the virus. For one thing, women’s shelters may increase the risk of exposure, if there are even any beds available at the shelter. Individuals will also feel unable to reach out to parents, friends, or other loved ones out of fear of bringing the virus into their home. These people are also likely under restriction, which provides an even greater reduction in their chances of seeking refuge.

Domestic Violence Charges

Domestic violence charges will fluctuate depending on the specific situation and the state in which the charge occurred. These charges can be considered either a misdemeanor or a felony, depending on the particular situation. For example, if the charge included assault with a weapon or even the threat of using a weapon, it is far more likely that the charge will become a felony charge. It also depends on the laws in the specific state. I practice law in the state of Utah, which has specific laws that may not apply to individuals in other states. For example, when a domestic violence incident occurs in front of a child, it is likely that the charge of domestic violence in the presence of a child will be added to the charges for each child present, due to the laws in the state.

Protective Orders

Protective orders are extremely common during a domestic violence case. These can range depending on the situation. It may include a restraining order, no-contact order, or order of protection. Having these orders granted will often require both parties in the charge to be present in court. These protective orders can cause disruption to the charged individual’s daily life because they may be unable to return to their home and will be forced to find other arrangements.

Court-Ordered Classes

The court may order the charged individual to attend classes after receiving a domestic violence charge. This will depend on the individual state and aspects of the situation. I can help to provide you with more insight regarding this aspect when we discuss your case.

Work

A person that has been charged with domestic violence may have difficulty finding work. This is especially true in particular fields, such as social work. In fact, an individual may be fired from their job if they work in a sensitive field like social work and are charged with domestic violence. These cases are also likely to impact custody considerations during a divorce. It will be incredibly difficult for the parent to obtain custody if they have previously been charged with domestic violence.

Living Situation

A domestic violence charge can cause substantial disruption to an individual’s life. Not only will they likely have to vacate their home, but they may have difficulty finding a place to rent. Landlords are often reluctant to rent to individuals with domestic violence charges, due to fear that the incident will be a repeat occurrence. This can make it incredibly difficult for those charged with domestic violence to find a new place to live.

Probation

Probation is extremely common as a result of domestic violence situations. The extent and restrictions surrounding the probation will fluctuate depending on the specific situation and the laws in the state. It is important to remember the impact that probation can have on your life. If you have been charged with domestic violence, you will need to seek legal representation, like the services that I offer.

Loss of Gun Privileges

It is incredibly common for a court to prohibit the charged individual to have a weapon, even if the individual currently holds a concealed carry permit. This is usually the case, even if the original charge did not involve a weapon of any kind. It is important to remember that this is highly likely to be a consequence of a domestic violence charge. This prohibition often even includes hunting and other recreational activities that involve the use of a gun.

Domestic violence cases have undoubtedly increased in response to the pandemic. This is a fearful, emotional time for everyone. I understand the ins and outs of domestic violence charges. It is incredibly important to work with an attorney when you are charged with domestic violence due to the many consequences that come along with a domestic violence charge. If you have been charged with domestic violence and require legal representation, contact me, Zachary C. Holbrook, today!