A Guide to Prescription Drug Fraud Laws in Denver, Colorado
Prescription drug fraud is a serious criminal offense in Colorado, carrying severe penalties that can affect your freedom, career, and future. If you are being investigated for or charged with prescription drug fraud in Denver, it’s essential to understand the laws, potential consequences, and available defenses. This guide aims to educate individuals on the legal landscape surrounding prescription drug fraud and provide critical insights into how a criminal defense attorney can help protect your rights.
What is Prescription Drug Fraud?
Prescription drug fraud occurs when an individual illegally acquires or distributes prescription medications through fraudulent means. Common forms of prescription drug fraud include:
- Forging or Altering Prescriptions: Changing details on a legitimate prescription to obtain more medication than prescribed.
- Doctor Shopping: Visiting multiple doctors to receive multiple prescriptions for the same medication without disclosing this to each provider.
- Impersonation or Identity Theft: Using another person’s identity to obtain prescription drugs.
- Illegal Distribution or Sale: Selling or giving away prescription medication without legal authorization.
Key Colorado Laws Governing Prescription Drug Fraud
Prescription drug fraud is primarily governed by the Colorado Controlled Substances Act, and violations can lead to felony or misdemeanor charges depending on the circumstances.
CRS § 18-18-415 – Fraud and Deceit
This statute makes it illegal to knowingly obtain a controlled substance through fraud, deceit, misrepresentation, or subterfuge. It also covers the forgery or alteration of prescriptions and the use of false names or addresses to obtain drugs.
CRS § 18-18-412.5 – Unlawful Possession of Prescription Forms
This law makes it a crime to unlawfully possess a prescription form or pad. This statute targets individuals who may be planning to forge prescriptions or engage in other fraudulent activities.
Doctor Shopping Laws
Doctor shopping, a common tactic in prescription drug fraud, is covered under CRS § 18-18-415. It specifically criminalizes visiting multiple healthcare providers to obtain prescriptions for the same drug without informing the doctors of previous prescriptions.
Federal vs. State Charges
In some cases, prescription drug fraud may trigger federal charges, especially if the fraud involves interstate transactions, large quantities of controlled substances, or violations involving federal healthcare programs (like Medicare or Medicaid). Federal penalties tend to be more severe and may involve longer prison sentences and higher fines.
Penalties for Prescription Drug Fraud in Colorado
The penalties for prescription drug fraud vary depending on the type of fraud, the amount of drugs involved, and whether the offender has prior convictions. Typically, prescription drug fraud is charged as a felony, but certain minor offenses may result in misdemeanor charges.
Felony Charges
- Class 4 Felony: The most common charge for prescription drug fraud involving Schedule II substances (such as oxycodone or fentanyl). Penalties include:
- Imprisonment: 2 to 6 years in prison.
- Fines: $2,000 to $500,000.
- Class 3 Felony: If the fraud involves larger quantities of controlled substances or organized schemes. Penalties include:
- Imprisonment: 4 to 12 years in prison.
- Fines: $3,000 to $750,000.
Misdemeanor Charges
For minor offenses, such as possessing a small quantity of prescription drugs obtained illegally, the charge may be a Class 1 misdemeanor, which carries:
- Imprisonment: Up to 18 months in jail.
- Fines: $500 to $5,000.
Additional Consequences
- License Suspension/Revocation: Healthcare professionals (e.g., doctors, nurses, pharmacists) may face the suspension or permanent revocation of their licenses.
- Restitution: Courts may order the defendant to pay restitution to victims, such as pharmacies or insurance companies, to cover financial losses.
- Probation: Some cases may result in probation instead of incarceration, with conditions such as regular drug testing, counseling, and community service.
Alternative Sentencing and Rehabilitation Programs
Colorado courts may offer alternatives to traditional sentencing for non-violent offenders, particularly those struggling with addiction. These programs focus on rehabilitation rather than punishment.
Drug Court
Denver has a specialized Drug Court program designed to help individuals struggling with substance abuse. Offenders who qualify for drug court may be able to avoid prison time by completing treatment programs, counseling, and probation. Successful completion may lead to reduced or dismissed charges.
Diversion Programs
In some cases, eligible first-time offenders may be offered a diversion program, which involves a period of supervision, treatment, and counseling. Upon successful completion, charges may be reduced or dismissed.
4 Key Defenses to Prescription Drug Fraud Charges
Being charged with prescription drug fraud doesn’t mean you’re automatically guilty. There are several defenses a skilled attorney can raise to challenge the prosecution’s case:
Lack of Intent
To secure a conviction, the prosecution must prove intent. If you didn’t intend to commit fraud—such as if you made an honest mistake while obtaining a prescription—this could be a viable defense.
Entrapment
If law enforcement coerced or encouraged you to commit prescription fraud when you otherwise wouldn’t have, this could be used as a defense to argue that you were entrapped.
Authorization
In some cases, a defendant may have authorization to possess or distribute the drugs in question. Proving that the actions were legal can result in charges being dropped.
Insufficient Evidence
If the prosecution doesn’t have enough evidence to prove beyond a reasonable doubt that you committed the crime, your attorney may move to dismiss the charges or have the case thrown out.
Professional and Immigration Consequences
Professional Licenses
Professionals in the healthcare sector are especially vulnerable to losing their licenses if convicted of prescription drug fraud. However, individuals in other licensed fields, such as attorneys, accountants, and engineers, may also face disciplinary action.
Immigration Consequences
Non-citizens convicted of prescription drug fraud may face severe immigration consequences, including deportation or inadmissibility. If you are a non-citizen, it’s crucial to work with an attorney who understands both criminal and immigration law.
Record Sealing and Expungement
In some cases, individuals convicted of prescription drug fraud may be eligible to have their records sealed. This can prevent the conviction from appearing on background checks, which may help restore job opportunities and personal reputation. Colorado law allows for record sealing of certain drug convictions, but eligibility depends on the specific circumstances of the case.
The Importance of Hiring a Denver-Based Criminal Defense Attorney
Prescription drug fraud cases are complex, and navigating the legal system on your own can be overwhelming. An experienced Denver criminal defense attorney can:
- Assess the Strength of the Prosecution’s Case: Identify weaknesses and opportunities for dismissal or reduction of charges.
- Protect Your Constitutional Rights: Ensure that evidence was legally obtained and that you were not subjected to illegal searches, seizures, or interrogation.
- Negotiate with Prosecutors: Work towards plea deals, reduced sentences, or alternative sentencing options like drug court.
- Provide Local Knowledge: A local attorney will be familiar with Denver judges, prosecutors, and court procedures, giving you a strategic advantage.
Conclusion
Prescription drug fraud charges carry significant legal, financial, and personal consequences. If you are under investigation or facing charges for prescription drug fraud in Denver, it’s critical to take immediate action to protect your rights and your future. Understanding the laws and penalties is just the beginning—partnering with a knowledgeable criminal defense attorney is the key to navigating this complex area of the law.
Contact Our Office Today
If you or a loved one is facing prescription drug fraud charges, don’t delay. Contact our experienced legal team for a confidential consultation and take the first step toward securing the best possible outcome for your case.