Are you facing prescription drug fraud charges in Las Vegas? You’re not alone. Nevada, with its bustling nightlife and large tourist population, sees a significant number of prescription drug-related crimes. I’m Michael Gowdey, an attorney with The Law Offices of Michael I. Gowdey, LTD, and I’m here to provide you with critical information and actionable advice. This article will delve into the legal implications of prescription drug fraud in Las Vegas, offering a clear understanding of your rights, potential penalties, and defense strategies.
The Growing Epidemic of Prescription Drug Abuse in Las Vegas
Prescription drug abuse is a significant problem in Nevada. According to the White House archives, in 2009, Nevada’s drug-induced death rate was significantly higher than the national average (Obama White House Archives). This alarming statistic underscores the seriousness of prescription drug fraud and its devastating consequences.
What Constitutes Prescription Drug Fraud?
Prescription drug fraud encompasses a range of illegal activities related to prescription medications. Here are some of the most common types:
- Doctor Shopping: Seeking prescriptions from multiple doctors without informing each one. Nevada law specifically prohibits this practice.
- Prescription Forgery: Altering or creating fake prescriptions.
- Drug Diversion: Illegally distributing or selling prescription drugs.
- Stealing Prescription Pads: Taking prescription pads from medical professionals to forge prescriptions.
- Phantom Prescriptions: Billing for prescriptions that were never dispensed.
Nevada Laws and Penalties
Nevada law, particularly NRS 453.391 and NRS 453.421, addresses prescription drug fraud. Unlawfully obtaining a controlled substance or a prescription is a Category C felony, punishable by:
- 1-5 years in Nevada State Prison
- Up to $10,000 in fines
Possession of a controlled substance without a valid prescription can result in a Category E felony, with penalties of up to 4 years in prison and a $5,000 fine.
Common Defenses Against Prescription Drug Fraud Charges
If you’ve been accused of prescription drug fraud, several defenses may be available:
- Valid Prescription: You had a legitimate prescription for the medication.
- Lack of Intent: You didn’t knowingly commit fraud. For example, in “doctor shopping” cases, you may have simply forgotten to inform a doctor about existing prescriptions (the “oversight defense”).
- Entrapment: Law enforcement coerced you into committing the crime.
- Mistaken Identity: You were wrongly identified.
- The drugs were over-the-counter (OTC) medications.
The Role of a Las Vegas Drug Crime Attorney
Navigating the legal complexities of prescription drug fraud requires the expertise of a skilled attorney. I can help by:
- Building a robust defense strategy
- Negotiating for reduced charges or dismissal
- Gathering and analyzing evidence
- Protecting your rights throughout the legal process
Statistics Highlighting the Issue
- In a major 2018 health care fraud takedown, the District of Nevada charged several individuals with prescription opioid-related offenses, involving millions in losses (S. Department of Justice).
- In 2011, the FBI reported that Nevada had charged approximately 70 individuals for unlawfully distributing highly addictive prescription painkillers (FBI).
- Nevada has been among the top states for drug use rates, including non-medical use of pain relievers among teenagers.
Specific Scenarios and Legal Implications
- Doctor Shopping: As mentioned, this is a felony in Nevada. The prosecution must prove you knowingly obtained prescriptions from multiple doctors without disclosure.
- Forging Prescriptions: This can lead to charges of fraud and potentially identity theft if a false name or information was used.
- Illegal Pharmacies: Purchasing drugs from illegal online pharmacies can lead to serious charges.
What to Do If You’re Charged
- Remain Silent: Do not speak to law enforcement without an attorney present.
- Contact an Attorney Immediately: The sooner you seek legal counsel, the better.
- Gather Information: Collect any documents related to your case, such as prescriptions or medical records.
Conclusion
Prescription drug fraud is a serious issue in Las Vegas, with significant legal consequences. If you’re facing such charges, it’s crucial to understand your rights and seek experienced legal representation. As an attorney at The Law Offices of Michael I. Gowdey, LTD, I am committed to providing you with the best possible defense.
Disclaimer: The information provided in this blog post is for informational purposes only and does not constitute legal advice. You should consult with a qualified attorney to discuss your specific situation.