How to Defend a Forged prescription Case

Forgery of designate Defense in California

California has a law, contained in California company and Professions Code 4324(a), prohibiting forgery of a prescription. That act is committed when a defendant falsely makes, alters, forges, utters, publishes, passes, or attempts to pass, as genuine, any designate for any drugs.

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All the state needs to prove is an action to falsely makes, alters, forges, utters, publishes, passes, or attempts to pass as genuine any designate for any drugs. The prosecution does not have to prove that a person categorically received the drugs.

Note that this includes the "uttering" of a forged prescription, which is where a person uses a forged document even though they know that it has been forged. For example, giving a forged designate to a pharmacy is known as "uttering." In order to prove that a person has committed a crime, two things must be proven. First, it must be proven that a person has forged, uttered or otherwise altered a designate for a drug or drugs. Second, it must be proven that the false designate was for a drug of a narcotic nature.

Alternatively, person can be convicted if it is shown that they gave a designate for a narcotic drug and that the signature on the designate was forged, fake or the designate had been altered from its primary state. If you are expensed with forging a prescription, you should contact a lawyer immediately.

The act of forgery is the creation of a fake document or the alteration of a document, or putting a fake signature on a document in order to illegally benefit from what the document says or orders. This includes things like signing other people's names to legal documents, car loans, warranties and, yes, prescriptions for drugs. Forging documents and/or signatures is a serious offense, and you can be expensed with a misdemeanor or even a felony.

For example, you could be found guilty of forgery of a designate for naturally altering any material fact of an existing prescription. You could also be found guilty of forgery even if there was no evidence that the fake designate was never even used, if the state can prove you had the knowledge that the designate was false (the use of the word "falsely" above is what substitutes for intent for this crime).

Here's how to successfully defend against a designate charge.

First, know what the law states, and what you're defending against. There are two types of designate forgery charges under California law:

Felony designate forgery, which is a felony based upon the narcotics alleged; and Misdemeanor forgery, which can be expensed as a misdemeanor based upon the type of narcotics alleged

The maximum for this offense is 1 year in county jail and a ,000 fine if expensed as a misdemeanor, and minimum 16 months state prison up to 3 years state prison and a maximum ,000 fine if expensed as a felony. (See California company & Professions Code §4324(a) )

Commonly, the designate narcotics for which a false designate is expensed contain Oxycontin, Adderall, Percocet, and other addictive prescriptions.

Second, analyze the evidence for legal defenses, or factual defenses.

The evidence is usuall contained in a polie narrative or in the testimony of a police officer. Legal defenses are thorough defenses created by the law, such as incapacity, or a mistake of law. Factual defenses have to do with the element of the crime -- if it can be shown that the facts don't reserve the elements above, then you can bring a petition for a dismissal.

Third, see if alternative sentencing can end up dismissing the case.

Frequently with the advice of a defense attorney, clients fetch drug treatment programs in lieu of jail, together with Diversion, Deferred Entry of Judgment, or Proposition 36. Thriving completion of such programs often leads to the whole case being dismissed. This is the most base way to dismiss this type of case, as it is the easiest way to dismiss this charge - complete the class, and the case is dismissed entirely.

Other key factors to reconsider in these cases are if the defendant has a prior criminal narrative for narcotics offenses. If the defendant has a prior narrative for drug crimes, the punishment would typically be more severe, although the consulation for a drug rehab agenda is stronger. If there is no prior narrative then punishment can be greatly reduced.

The key is pre-enrollment in any court approved restoration agenda that covers the medication or narcotic that is at issue in the case, as well as obtaining school transcripts, resumes, letters of character reference or hint letters to personalize the defendant and gift mitigating factors towards a allowance or dismissal in the case.

With that data in hand, most attorneys can make a strong pitch towards obtaining a extremely favorable succeed in Forgery of designate cases.

How to Defend a Forged prescription Case