If you are charged with prescription fraud in New Mexico, contact an attorney immediately. These charges are serious. Any statements you make to law enforcement will be used against you.
Your court case is an opportunity to defend yourself. A New Mexico criminal defense lawyer will protect your rights and ensure that you are not making any legal mistakes during the process.
In This Post
In this blog post, I will help you understand what prescription fraud is, examples of prescription fraud, applicable New Mexico laws, prescription fraud penalties, how to defend your case, and where you can seek legal help.
What Is Prescription Fraud?
Prescription fraud can occur in several ways. Even doctors and pharmacists who prescribe and/or dispense medications and are alleged to have done so in violation of the law can be accused of this crime as well.
Examples of prescription fraud include:
- False statements in prescription, order, report, or record required by law
- Forging prescriptions on a stolen physician’s pad
- Use of computers to create fake prescriptions
- Impersonating medical staff to call in prescriptions and using their number as call-back confirmation
- Altering the drug quantity on a physician’s prescription
In New Mexico, prescription fraud can be charged at the state or federal level. However, some laws and statutes protect your rights when facing these charges. A criminal defense lawyer will help you enforce them in court or when dealing with police.
What Do New Mexico Laws Say About Prescription Fraud?
Under NMSA Stat. § 26-1-23, it is illegal to commit fraudulent acts related to prescription drugs. Doing so can result in a search, arrest, and conviction, which carries steep consequences.
You cannot engage in any of the following acts:
- False statements in prescription, order, report, or record required by law
- Stealing prescription drugs from patients
- Creating your prescription pads
- Falsify documents to obtain a prescription drug
- Falsely act as an authorized agent to get a prescription
- Falsify labels or packaging containing dangerous drugs
- Forge written orders for dangerous drugs
If you are accused of prescription fraud in New Mexico, these allegations are serious. The penalties can be challenging depending upon what the prosecutor can prove. Hire a criminal defense lawyer to represent you and mount a legal defense in court.
What Are the Penalties for Prescription Fraud?
Prescription fraud may constitute several unlawful acts, including false statements, forgery, property damage, or run concurrently with drug trafficking charges. As such, the penalties for prescription fraud could vary according to the facts and circumstances of your case.
For example, if you forge a doctor’s signature, you could face:
- Special Fourth-degree felonies: A mandatory minimum period of one year up to eighteen (18) months in prison, plus a mandatory minimum fine of $1,000 up to $5,000
- Fourth-degree felonies: Up to eighteen (18) months in prison and $5,000 in fines
- Third-degree felonies: Up to three (3) years in prison and $5,000 in fines
- Second-degree felonies: Up to nine (9) years in prison and $15,000 in fines
As you can see, forgery penalties are too high to ignore. A conviction can not only result in penalties as described above, but they will also stay on your record. This situation can prevent you from obtaining employment, school, and professional licenses.
How to Defend Prescription Fraud Charges
Defending charges in court is challenging. Your criminal defense lawyer can analyze the facts and circumstances of your case. We will look for weaknesses in the prosecutor’s case and use them as part of your defense.
Common defenses in prescription fraud cases include:
- Illegal search and seizure
- Defective search warrants
- Mistaken identity
- Insufficient evidence
- Physicians acting in bad faith
- Civil rights violations
- And more
If the evidence is stacked against you, you could reduce your penalties through alternative sentencing or drug courts. In this situation, your charges could be dropped or dismissed upon completion of a court program. A criminal defense lawyer in New Mexico can help you navigate possible defenses to your case.
How a Prescription Fraud Lawyer Can Help
Instead of facing your charges alone, a prescription fraud lawyer will provide legal advice and enforce your civil liberties while your court case is pending. We will look for opportunities to beat your charges or get them dismissed in court.
In addition to legal protection, we will also investigate the prosecutor’s case against you. From their theory to evidence, a prescription fraud attorney can spot issues and pushback against false or flimsy allegations.
Likely, you will also have questions during the proceedings. An attorney can provide ongoing legal advice and guidance so that you never feel left in the dark. Remember: Bad things happen to good people. Grano Law Offices, P.C. wants to help you find resolve.
Get a Free Case Strategy Session with Grano Law Offices, P.C.
If you need answers, Grano Law Offices, P.C. can help. Start with a Free Case Strategy Session by messaging us through the form below or calling direct at (505) 426-8711. Unable to meet at my office? We offer video chat and teleconferencing for convenience.
