Contact Us for a Free Consultation (256) 533-4529

Obtaining Prescription Drugs by Fraud

What happens if you present an altered or forged prescription to a pharmacist?

Assuming you are doing this knowingly, you have just committed a class D felony.

Under Alabama law, if someone by altering a prescription or something of that nature obtains, prescription drugs than they would be guilty of obtaining a controlled substance by fraud.

This crime also could be committed if they obtained the drugs by other fraudulent or deceitful means. For example, using a false name, address or identity to get the drugs.

Most often, these cases involve somebody who has a doctor's prescription. They change the amount of the prescription. Say a doctor writes a prescription for 10 oxycodone and someone changes it to 100 oxycodone and tries to get it filled at Rite Aid. The pharmacist is suspicious, and he calls the doctor's office and then calls the cops who come and make an arrest.

Now, you're probably thinking: " Wait, a second, lawyer, you said they were guilty if they obtained the drugs by fraud, this person didn't obtain the drugs since the police stopped them. So, Mr. lawyer, how can they be guilty?"

Normally under the law, if you just attempt to commit a crime, it is a lesser offense, but Alabama, being Alabama specifically says that if you attempt to commit a drug crime it's exactly the same as if you successfully committing the drug crime. So, whether you're successful or not you're just as guilty and either way, you're looking at up to five in prison.

There are a number of defenses raised in these cases, but one of the most common defenses is not really a defense but an admission. For people who have no criminal record (or not much of a criminal record), many prosecutors will provide an opportunity for them to counseling to avoid a conviction if they will get counseling and help.

Of course, that's only appropriate if you want to go that route. You'll have to speak with a competent criminal defense lawyer to find out what your best options are.

If you want our help, just click here:

  • This field is required.
  • This field is required.
  • This field is required.
  • This field is required.
  • This field is required.

If you want to review the actual law, it is at 13A-12-212, Code of Alabama. For your convenience, it has been reproduced here:

Section 13A-12-212

Unlawful possession or receipt of controlled substances.

(a) A person commits the crime of unlawful possession of a controlled substance if:

(1) Except as otherwise authorized, he or she possesses a controlled substance enumerated in Schedules I through V.

(2) He or she obtains by fraud, deceit, misrepresentation, or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V or a precursor chemical enumerated in Section 20-2-181.

(b) Unlawful possession of a controlled substance is a Class D felony.