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Forging or Altering a Prescription in Aliso Viejo

According to California Business & Professions Code Section 4323 and 4324, it is illegal to forge or alter a prescription in the city of Aliso Viejo, in order to obtain drugs or narcotics. Under the same law, the possession of drugs acquired through a false prescription is also a crime.

Penalties for Forging or Altering a Prescription

The following are charges and related penalties that can be brought against you for forging or altering a prescription in Aliso Viejo:

  1. Falsely representing yourself in order to get a drug prescription over the phone, will earn you a misdemeanor charge and attract a penalty of up to 1-year in county jail.
  2. If you write a false prescription, the prosecution can charge you with either a misdemeanor or a felony charge. The felony charge is punishable with up to 3-years in state prison while the misdemeanor charge is punishable with 1-year in county jail.
  3. If you are charged and found guilty of being in possession of drugs acquired through a false prescription, you will face charges similar to (ii) above. That is, 1-year in county jail for a misdemeanor and 3-years in state prison for a felony charge.

A prescription is defined as an order for a controlled substance given by the prescriber directly the patient or to a furnisher orally, in writing, or electronically.

An example of forging or altering a prescription would be forging the signature of the prescriber in order to obtain drugs. Another example would be altering the information on a prescription, such as the quantity of the drug that is being prescribed or the actual name of the drug. For example, someone might try to tack on extra numerals or figures in an attempt to alter the type of drug that is being prescribed. In addition, someone could also be convicted if they purchase a pharmaceutical drug that has been purchased by someone who used a forged/altered prescription in order to obtain it. The person buying would be aware that the drugs were unethically obtained. However, pharmacists do take note of when a certain type of pharmaceutical drug is being administered in an unusually high amount.

Defenses for Forging and Altering a Prescription

The facts of your case will determine the best strategy that a competent attorney can use to defend you. That being said, the following defenses are commonly used if they can be proved:

  • The accused didn’t sign the prescription
  • The accused didn’t forge or alter the prescription
  • The accused had the authority to sign the prescription
  • The accused didn’t know that they couldn’t sign the prescription
  • The accused didn’t use a forged prescription
  • The accused didn’t know that the prescription was forged
  • It was a personal mistake from the part of the prescriber, such as an error.

If you or someone you care for is arrested and charged with forging and altering a prescription, then having a criminal attorney that is capable and well versed with this type of case is important if you want to have the best possible results. Johnson Criminal Law Group can help you with your case.

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