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Prescription Fraud

Bakersfield Prescription Fraud Lawyer

Being accused of prescription fraud can have serious consequences in California. Law enforcement and prosecutors aggressively pursue individuals suspected of illegally obtaining, forging, or distributing prescription medications. If you are facing these charges, you need our Bakersfield prescription fraud attorney from Humphrey & Thompson on your side. Our experienced criminal defense attorneys can help you understand the charges, navigate the legal process, and fight for the best possible outcome.

Take a step toward regaining control—call and find out how you can start building your defense with confidence today.

What is Prescription Fraud?

Prescription fraud occurs when someone intentionally uses deceit, forgery, or misrepresentation to obtain prescription drugs unlawfully. These offenses typically involve controlled substances such as opioids, benzodiazepines, or stimulants—medications that require a valid prescription due to their potential for abuse.

Common examples of prescription fraud include:

  • Doctor shopping: Visiting multiple doctors to obtain multiple prescriptions for the same medication without informing them of other prescriptions.
  • Forging prescriptions: Altering or creating fake prescriptions to obtain medication.
  • Impersonating medical personnel: Pretending to be a doctor, pharmacist, or nurse to call in or issue a prescription.
  • Using another person’s prescription: Attempting to fill or use a prescription written for someone else.
  • Altering prescription details: Changing dosage, quantity, or refill numbers on a legitimate prescription.
  • Stealing prescription pads: Taking prescription pads from medical offices to write fraudulent prescriptions.
  • Illegally distributing prescription drugs: Selling or giving away medication that was prescribed to you.

Even a single instance of fraudulent activity can lead to severe criminal charges under California law. Because these crimes often involve controlled substances, they are treated very seriously by state and federal authorities.

Penalties for Prescription Fraud in California

Prescription fraud is prosecuted under several sections of the California Health and Safety Code, including Sections 11173 and 11153. The penalties depend on the specific circumstances of your case—such as the type of drug involved, your criminal history, and whether the offense was part of a larger scheme.

Misdemeanor or Felony Charges

Prescription fraud can be charged as either a misdemeanor or a felony, depending on the nature of the offense. California’s “wobbler” laws give prosecutors discretion to decide which level of charge to pursue.

Misdemeanor penalties may include:

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Probation and mandatory drug counseling

Felony penalties may include:

  • 16 months to 3 years in state prison
  • Fines up to $20,000
  • Formal probation
  • Loss of professional licenses (for healthcare professionals)

Additional Consequences

Beyond criminal penalties, a conviction for prescription fraud can lead to significant collateral consequences, such as:

  • Loss of employment or professional licenses (especially for medical personnel, pharmacists, or caregivers)
  • Ineligibility for certain government benefits
  • Difficulty obtaining housing or future employment
  • Permanent criminal record affecting background checks

Because these penalties can have lifelong effects, it’s essential to have an experienced prescription fraud lawyer in Bakersfield evaluate your case and develop a personalized defense strategy.

Prescription Fraud FAQs

Is prescription fraud a federal crime?

It can be. If the alleged offense involves interstate activity, federal agencies like the DEA may investigate and pursue charges. Federal penalties are often harsher than state penalties.

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

Yes, but the outcome depends on the circumstances. First-time offenders may be eligible for diversion programs, probation, or other alternatives to jail if they complete drug treatment or community service.

What if I’m a healthcare professional accused of prescription fraud?

Doctors, nurses, and pharmacists face both criminal and professional discipline, including license suspension or revocation. It’s critical to have a defense attorney who understands both criminal law and administrative proceedings.

How long does a prescription fraud case take?

The timeline varies, but these cases typically take several months. The process includes investigation, pretrial motions, possible plea negotiations, and—if necessary—a trial.

Why should I hire a Bakersfield prescription fraud lawyer?

Prescription fraud laws are complex, and a conviction can damage your career, finances, and reputation. A local attorney familiar with Kern County courts and prosecutors can negotiate effectively and craft a strong defense tailored to your situation.

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Legal Defense to Prescription Fraud

Every case is unique, and the right defense depends on the facts, evidence, and intent behind the alleged fraud. At Humphrey & Thompson, our attorneys carefully examine the circumstances surrounding your arrest, the evidence collected, and whether your constitutional rights were respected during the investigation.

Common defenses to prescription fraud charges include:

  • Lack of Intent: Prescription fraud requires proof that you intentionally misrepresented or deceived someone to obtain medication. If there was no intent to commit fraud—such as a misunderstanding at the pharmacy or an unintentional clerical error—then the charges may not hold up in court.
  • Invalid or Unlawful Search and Seizure: If law enforcement obtained evidence through an unlawful search or without a proper warrant, your attorney can file a motion to suppress that evidence. Without admissible evidence, the prosecution’s case may fall apart.
  • Lack of Knowledge: In some cases, individuals may unknowingly possess a forged or altered prescription. If you were unaware that the prescription was fake, your lawyer can argue that you lacked the knowledge necessary for a fraud conviction.
  • Entrapment: If undercover officers or informants pressured or coerced you into committing a crime you otherwise would not have committed, you may have a valid entrapment defense.
  • Valid Medical Need: Sometimes, a legitimate medical condition or miscommunication between healthcare providers can lead to suspicion of fraud. Providing documentation and testimony from medical professionals can help establish your lawful intent.

At Humphrey & Thompson, our team investigates every detail and challenges the prosecution’s narrative to seek a dismissal, reduced charges, or alternative sentencing options like drug diversion programs when appropriate.

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Contact Humphrey & Thompson Today

If you’ve been charged with prescription fraud in Bakersfield or anywhere in Kern County, don’t wait to get legal help. The sooner you speak with an attorney, the more options you have to protect your future.

Humphrey & Thompson has extensive experience defending clients accused of prescription-related crimes in California. We will investigate your case, protect your rights, and work tirelessly to achieve the best possible outcome.

If you want clear legal advice and real answers about your prescription fraud case in Bakersfield, contact Humphrey & Thompson at today. 

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Have Questions?

  • Do I need a lawyer if I’m innocent?
    Yes, even if you're innocent, having a lawyer is crucial. A defense attorney can ensure your rights are protected, investigate the facts, challenge evidence, and guide you through the legal process to ensure a fair trial.
  • What’s the statute of limitations for criminal charges in California?
    The statute of limitations varies depending on the crime. For misdemeanors, it’s typically one year, while felonies can range from three years to no time limit for serious offenses like murder.
  • Can I refuse a police search of my home or vehicle?
    Yes, you can refuse a search unless the police have a warrant or certain exceptions apply, such as probable cause or exigent circumstances. If you’re asked for consent to search, you have the right to decline.

drowning in legal trouble?

WE'RE YOUR LIFELINE
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  • Please enter your email address.
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  • By submitting, you agree to receive text messages from Humphrey & Thompson at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
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