Prescription Fraud Lawyer in Miami

Charged with Prescription Fraud Charges in Florida? Don’t Face It Alone, Contact Us

Prescription fraud in Miami is a significant legal issue, often involving acts such as forging prescriptions, doctor shopping, or altering prescriptions illegally. In Florida, these offenses are prosecuted under stringent laws like Florida Statutes § 893.13, which criminalize acquiring controlled substances through fraudulent means. Penalties for conviction include long-term imprisonment and substantial fines.

Miami's dynamic healthcare environment and its diverse population contribute to varied situations where prescription fraud might occur. These scenarios can involve patients altering prescriptions or healthcare workers diverting medications for profit. Given the complexity of these cases, a comprehensive understanding of both state and federal regulations is essential for an effective defense.

Speak with a skilled prescription fraud lawyer in Miami today. Call (786) 244-8010 now or contact us online to schedule your free and confidential legal consultation.

Understanding Prescription Fraud Charges in Florida

In Florida, prescription fraud is primarily governed by Florida Statute § 893.13(7)(a), which outlines various prohibited acts related to obtaining controlled substances through illicit means. It is crucial to understand that these laws apply not only to hard narcotics but also to commonly prescribed medications that are classified as controlled substances (e.g., Oxycodone, Hydrocodone, Xanax, Adderall, Morphine). The specific charge and its severity depend on the method used to obtain the prescription and the type of drug involved.

Here are the most common forms of prescription fraud prosecuted in Florida, which a knowledgeable prescription fraud lawyer in Miami will encounter:

• Obtaining or Attempting to Obtain a Controlled Substance by Misrepresentation, Fraud, Forgery, Subterfuge, or Deception (Florida Statute § 893.13(7)(a)9): This broad category covers a wide range of deceptive acts, including:
  • Forging a Prescription
  • Using a False or Stolen Prescription Pad
  • Impersonating a Medical Professional
  • Misrepresenting Identity
  • Deception
• "Doctor Shopping" (Florida Statute § 893.13(7)(a)8 & 893.13(7)(a)13)
• Illegal Possession of a Prescription Form (Florida Statute § 893.13(7)(a)13)
• Placing a False or Forged Label on a Package Containing a Controlled Substance (Florida Statute § 893.13(7)(a)10)

Penalties for Prescription Fraud Convictions in Florida

A conviction for prescription fraud in Florida carries severe penalties, with most charges being felonies. The consequences are designed to deter such crimes and punish those found guilty harshly, extending far beyond incarceration and financial penalties.

Penalties for a Third-Degree Felony (Most Common Prescription Fraud Charges)

• Prison Time: Up to five (5) years in state prison.
• Fines: Up to $5,000.
• Probation: Up to five (5) years of probation, which can include conditions such as mandatory drug counseling, community service, regular drug testing, and reporting to a probation officer.
• Criminal Record: A felony conviction results in a permanent criminal record, which can severely impact future employment, housing, and educational opportunities.
• Driver's License Suspension: A conviction for a drug offense, including prescription fraud, can result in a mandatory driver's license suspension for up to one year.

Penalties for a First-Degree Misdemeanor (e.g., First Offense Illegal Possession of Prescription Form)

• Jail Time: Up to one (1) year in county jail.
• Fines: Up to $1,000.
• Probation: Up to one (1) year of probation.

Building Your Defense Against Prescription Fraud Charges

We do not simply accept the prosecution's narrative. Our team conducts an independent, exhaustive investigation into all aspects of your case. This includes:

• Obtaining and meticulously reviewing all police reports, arrest affidavits, and any witness statements from doctors, pharmacists, or informants.
• Subpoenaing medical records, prescription history databases (e.g., E-FORCSE, Florida's Prescription Drug Monitoring Program), and pharmacy dispensing logs.
• Analyzing any alleged forged documents, handwriting analysis reports, or digital evidence (e.g., phone records, emails).
• Reviewing surveillance footage from pharmacies or doctor's offices.
• Interviewing potential witnesses for the defense.
• Consulting with forensic document examiners or medical professionals when appropriate to challenge the prosecution's evidence.
• For clients in Miami, our firm leverages our deep understanding of the local law enforcement agencies (e.g., Miami-Dade Police, Miami Police), the State Attorney's Office for the Eleventh Judicial Circuit, and federal prosecution agencies.

A robust defense strategy against prescription fraud charges hinges on meticulously scrutinizing the prosecution's evidence for weaknesses. This includes filing motions to suppress illegally obtained evidence, challenging the prosecution's ability to prove intent or knowledge on your part, and asserting that you had a valid prescription or made no misrepresentation. Additionally, defenses may involve contesting "doctor shopping" allegations, claiming mistaken identity, arguing entrapment by law enforcement, or asserting insufficient evidence to prove guilt beyond a reasonable doubt.

Why Choose Beckham Solis, Attorneys at Law for Your Defense

At Beckham Solis, Attorneys at Law, we are committed to defending individuals accused of prescription fraud in Miami. We thoroughly evaluate each client's case to formulate a defense strategy aimed at challenging the evidence, exposing procedural errors, and reducing or dismissing charges whenever possible. Our team provides:

• Decades of Experience: Our attorneys include a former prosecutor and public defender, providing in-depth knowledge of Miami’s judicial system.
• Local Expertise: Deeply ingrained in the Miami community, we understand the unique challenges and nuances of local courts and law enforcement.
• Client-Centric Representation: We prioritize transparent communication, ensuring that you are informed of your options and feel supported throughout the legal process.

Our firm’s deep roots in the Miami community enhance our ability to offer service levels that surpass typical standards. Being active in local legal circles allows us to stay informed about Miami's legal trends, which is crucial for adapting our defense strategies effectively.

Get Support & Guidance: Contact Us Today

We are aware of the emotional and professional challenges these charges may bring and are devoted to guiding you through your case's intricacies. Our team offers strategic insights, lucid guidance, and personalized attention to reduce uncertainty and safeguard your future. 

If you or someone you know faces prescription fraud charges in Miami, reach out to Beckham Solis, Attorneys at Law at (786) 244-8010. Contact us for a consultation, and take proactive steps to protect your rights and future. 

Frequently Asked Questions

How Can Beckham Solis, Attorneys at Law Help in a Prescription Fraud Case?

Our firm offers personalized and strategic defense representation rooted in deep knowledge of Miami’s legal system. We thoroughly investigate the details of your case, challenge procedural errors, and examine the evidence for inconsistencies or overreach by the prosecution.

We also work to negotiate reduced charges or dismissals when possible and are prepared to take cases to trial when necessary. With a proactive litigation strategy that includes expert witnesses and tailored legal motions, we focus on protecting your rights and your future.

Why is Local Expertise Important in Prescription Fraud Defense?

Miami courts have unique procedures, judicial tendencies, and prosecutorial approaches. A local defense attorney understands how these factors play out in real cases and uses this insight to develop a more effective defense.
Relationships with prosecutors, familiarity with courthouse norms, and a grasp of community attitudes toward prescription drug offenses give local attorneys an edge that can make a measurable difference in outcomes.

What Should I Do Immediately After Being Charged?

Do not speak to law enforcement without an attorney present. Contact a prescription fraud defense lawyer as soon as possible. Preserve any records or communications related to your prescriptions and avoid discussing the matter with anyone else.

Document details about your arrest, medical history, and any legitimate prescriptions involved. Early legal intervention is key to ensuring your rights are protected from the start and to avoiding missteps that could compromise your case.

Can My Charges Be Reduced or Dismissed?

Yes, in some cases. If the evidence is weak or constitutional rights were violated (e.g., unlawful search and seizure), your attorney may file motions to suppress evidence or negotiate a reduction in charges.

Plea agreements, diversion programs, or participation in drug treatment may be available, especially for first-time offenders. Your attorney will work to identify the most favorable legal strategy for your circumstances.

What Are Common Defenses to Prescription Fraud Charges?

Common defenses include proving you had a valid prescription, showing a lack of intent to deceive, or demonstrating that law enforcement violated your rights during the investigation.

In some cases, misunderstandings between patients, doctors, and pharmacists can lead to wrongful accusations. A thorough review of your medical history, witness statements, and communications can often reveal alternative explanations that challenge the prosecution’s case.

Will a Prescription Fraud Charge Affect My Professional License?

Yes, particularly if you work in healthcare, pharmacy, or any field requiring state licensure. A conviction—or even an open charge—can trigger disciplinary action, license suspension, or revocation.

An experienced defense attorney can coordinate with administrative law professionals to help protect your career and explore possible remedies even while the criminal case is ongoing.

Can I Be Charged If I Didn't Personally Use the Prescription?

Yes. Florida law allows charges for individuals involved in the acquisition, distribution, or alteration of prescription documents, even if they did not personally consume the medication. This includes using someone else’s prescription or forging prescriptions on behalf of others.

Intent plays a central role, so showing that you lacked criminal intent or were misled may be vital to your defense.

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