Prescription Fraud Attorney in Daytona Beach

Accused of Prescription Fraud? Choose a Proven Daytona Beach Defense Team

Facing a prescription fraud charge in Daytona Beach can be a daunting experience. However, with Buckmaster & Ellzey by your side, you can navigate this challenging process with confidence. Our firm combines over 40 years of legal experience with a distinct understanding of Florida’s prescription fraud laws, ensuring that your rights are vigorously defended.

In Florida, drug crimes are taken seriously, with prosecutors often seeking severe penalties to deter future offenses. This underscores the importance of having a skilled prescription fraud lawyer in Daytona Beach who understands the intricacies of the law. At Buckmaster & Ellzey, we diligently stay updated on changes in local legislation and legal precedents that might impact our clients’ cases, ensuring you receive the most informed and strategic counsel possible.

Connect now with a trusted prescription fraud attorney in Daytona Beach. We offer free consultations—call (888) 785-6548 or reach out online anytime.

Understanding Prescription Fraud Laws in Florida

Prescription fraud in Florida involves obtaining or attempting to obtain controlled substances or prescription drugs through deceit, misrepresentation, forgery, or subterfuge. These laws are primarily codified in the Florida Statutes, specifically Chapter 893 (Florida Comprehensive Drug Abuse Prevention and Control Act) and related provisions within the Penal Code (e.g., Chapter 800 for certain lewd acts involving medical settings or the public).

Types of Prescription Fraud and Related Offenses in Florida:

• Obtaining/Attempting to Obtain Controlled Substances by Fraud (Florida Statute § 893.13(7)(a)1-9): Covers acquiring prescription drugs or forms through deceit, misrepresentation, false names/addresses, impersonating authorized persons, making/passing forged prescriptions, affixing false labels, or "doctor shopping" without disclosure. Most violations are Third-Degree Felonies (up to 5 years prison, $5,000 fine).
• Criminal Diversion of Prescription Medications (Florida Statute § 893.1351): Targets the illegal transfer or possession with intent to sell unlawfully diverted prescription medications. Penalties range from Third-Degree Felony to First-Degree Felony (up to 30 years prison) based on value or volume.
• Forgery and Uttering a Forged Instrument (Florida Statute § 831.01 & § 831.02): Making, altering, counterfeiting, or passing a forged prescription with intent to defraud. Both are Third-Degree Felonies (up to 5 years prison).
• Identity Theft/Criminal Use of Personal Identification Information (Florida Statute § 817.568): Using another's identifying information (doctor's/patient's name, insurance) to obtain or write fraudulent prescriptions. Penalties range from Third-Degree Felony to First-Degree Felony based on benefit value or number of victims.
• Illegal Distribution/Dispensing by Medical Professionals: Physicians prescribing without legitimate medical purpose ("pill mills") or pharmacists knowingly dispensing fraudulent/invalid prescriptions. These are often serious felonies (Second or First-Degree Felonies) and can involve additional federal healthcare fraud charges.

Penalties and Collateral Consequences of Prescription Fraud Convictions in Florida

A conviction for prescription fraud in Florida, whether state or federal, carries severe and life-altering penalties, extending far beyond incarceration. The impact can be devastating to every aspect of your life.

• Misdemeanors (for very minor offenses, rarely apply to actual "fraud"): Up to 1 year in county jail and/or a fine of up to $1,000.
• Felonies (Third-Degree to First-Degree):
  • Third-Degree Felony: Up to 5 years in state prison and a fine of up to $5,000. (Common for many types of prescription fraud, and possession/attempt to obtain by fraud under § 893.13(7)(a)).
  • Second-Degree Felony: Up to 15 years in state prison and a fine of up to $10,000.
  • First-Degree Felony: Up to 30 years in state prison and a fine of up to $10,000 (or higher, depending on the statute and specific circumstances).
• Mandatory Minimum Sentences: For certain quantities of specific controlled substances (even if fraudulently obtained), Florida law imposes mandatory minimum prison sentences for drug offenses, which can be very severe (e.g., 3 years to 25 years or more), severely limiting a judge's discretion.
• Fines: Can range from thousands to tens of thousands of dollars, or even double the amount of the defendant's gain from the offense, or double the victim's loss, whichever is greater.
• Restitution: Mandatory order to pay full restitution to victims (e.g., pharmacies, insurance companies) for financial losses.
• Probation/Community Control: For eligible felony offenses, probation (up to 5 years, or even lifetime for certain violent/sex offenses) or community control may be possible as an alternative to incarceration. Violating probation can lead to serving the original prison sentence.

Building a Strategic Defense Against Prescription Fraud Charges

Defending against prescription fraud primarily involves disproving criminal intent to defraud. We argue that any alleged wrongdoing was a mistake of fact (e.g., believing a prescription was valid), an accidental alteration, a good-faith misunderstanding of rules, or that no misrepresentation was made. 

Relying on professional advice or showing negligence, not criminal intent, is also key. We also argue that the conduct simply didn't meet the legal definition of a fraudulent act.

Crucially, if you had a valid prescription, this is a complete defense. For simple possession charges, we use standard drug possession defenses like unlawful search and seizure or lack of knowledge. 

We also challenge cases with insufficient evidence and aggressively file motions to suppress evidence obtained through constitutional violations. Finally, entrapment, where law enforcement improperly induced the crime, can also be a viable defense.

Our Unique Approach to Legal Defense

Our founder’s experience as a former Assistant State Attorney provides us with unique insights into prosecutorial strategies, which we leverage to your advantage. This insider perspective allows our team to anticipate the prosecution’s moves and effectively challenge them in court.

The ability to anticipate prosecutorial strategies gives you a significant edge. By understanding the tactics likely to be used against you, we can craft preemptive strategies to counteract them effectively. This proactive stance often translates to stronger defense outcomes and can significantly impact the direction and resolution of a case.

At Buckmaster & Ellzey, we believe in the power of personalized legal strategies tailored to the distinct aspects of each case. Our strategy sessions involve not only analyzing legal documents and evidence but also taking the time to understand the personal circumstances and background of each client. This holistic view is essential to defending your case aggressively and thoughtfully.

Steps in the Prescription Fraud Defense Process

• Consultation & Case Assessment: We start with a thorough consultation to understand the specifics of your situation and evaluate the best course of action.
• Evidence Gathering & Analysis: Our team meticulously examines all evidence related to your case to build a strong defense.
• Developing Defense Strategies: We develop customized strategies based on the unique aspects of your case, ensuring a focused approach to your defense.
• Negotiation & Court Representation: We engage in negotiations with prosecuting attorneys and represent you in court, advocating fiercely for your rights.

Take the Next Step & Protect Your Future

If you are facing prescription fraud charges in Daytona Beach, your next step should be to contact Buckmaster & Ellzey. By reaching out to us, you gain access to a team dedicated to personalized, effective legal defense. We understand how overwhelming the legal process can be, and we’re here to simplify it for you.

Call us at (888) 785-6548 for a consultation today. Let’s work together to protect your rights and secure the best possible outcome for you.

Frequently Asked Questions

Can I go to jail even for a first-time prescription fraud offense?

Yes, even first-time offenders may face jail time under Florida law, depending on the seriousness of the alleged offense. However, with the help of a skilled prescription fraud attorney in Daytona Beach, it may be possible to negotiate alternative sentencing, such as diversion programs or probation, especially if there are mitigating circumstances.

What should I do if I’m being investigated but haven’t been charged yet?

If you suspect you're under investigation for prescription fraud, do not speak to law enforcement without legal counsel. Contacting a Daytona Beach prescription fraud attorney early can help prevent charges from being filed or prepare your defense before a formal arrest. Early intervention often leads to better outcomes.

Will I lose my professional license if I'm charged with prescription fraud?

Professionals such as doctors, nurses, and pharmacists face added risks when accused of prescription fraud. In addition to criminal penalties, you may be subject to disciplinary action by licensing boards. Our legal team at Buckmaster & Ellzey can represent you in both criminal proceedings and administrative hearings to protect your career.

How does Buckmaster & Ellzey approach prescription fraud defense?

We start with a comprehensive evaluation of your case and keep you informed at every step. Our attorneys meticulously review evidence, investigate possible errors, and seek opportunities to reduce or dismiss charges. With a strategic and compassionate approach, we aim to secure the best possible outcome while minimizing disruption to your life.

Can prescription drug addiction be used as a defense?

While addiction alone may not excuse criminal behavior, courts may consider substance abuse as a mitigating factor during sentencing. In some cases, demonstrating a commitment to treatment or rehabilitation can lead to more favorable legal outcomes. We can help present this context to the court in a compelling and constructive way.

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