Tag Archives: prescription drug charges Indiana

Indiana Prescription Fraud: Laws, Penalties, and Defense Strategies

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Prescription fraud, or pharmacy fraud, is an increasingly serious problem across the United States, with Indiana being no exception. It refers to an act of illegally obtaining prescription medication through fraudulent means. This crime is viewed seriously by Indiana law, and those found guilty are subject to severe penalties.

This blog post aims to shed light on the laws surrounding prescription fraud in Indiana, the potential penalties that one might face if charged, and the defense strategies that can be employed in such cases. Stay tuned as we delve into the intricacies of pharmacy fraud charges, common defenses in such cases, and the implications of prescription fraud sentencing.

Call 317-636-7514 When You Need a Prescription Fraud Lawyer in Indianapolis Indiana
Call 317-636-7514 When You Need a Prescription Fraud Lawyer in Indianapolis Indiana

Understanding Prescription Fraud Charges

Prescription drug fraud charges in Indiana can stem from a range of activities, including but not limited to:

Doctor Shopping – visiting multiple doctors to obtain the same prescription medication.

Pharmacy Hopping – filling prescriptions at different pharmacies without informing the pharmacists.

Altering or Forging Prescriptions – changing information on a valid prescription or creating a fake one.

Prescription Theft – stealing prescription pads or forms to obtain medication.

Impersonating a Healthcare Professional – posing as a doctor or nurse to obtain prescriptions.

In Indiana, these actions are considered felonies and can result in severe legal consequences. It is also important to note that even the possession of a controlled substance without a valid prescription is unlawful and can lead to criminal charges.

Penalties for Prescription Drug Fraud in Indiana

The potential penalties for pharmacy fraud in Indiana depend on several factors, including the specific charges and the amount and type of medication involved. However, some common penalties that one may face if convicted of prescription fraud include:

Jail time – Depending on the severity of the offense, a conviction could result in a prison sentence ranging from months to years.

Fines – Prescription fraud convictions can also result in hefty fines, which can add up to thousands of dollars.

Probation – In some cases, the court may impose probation as an alternative to jail time. This involves being monitored and adhering to specific conditions set by the court.

License Suspension – A conviction for prescription fraud could also lead to the suspension or revocation of a professional license, such as a medical license.

Reputation Damage – Prescription fraud is a serious offense that can have lasting effects on one’s personal and professional reputation.

Defense Strategies for Prescription Fraud Cases

If you are facing prescription fraud charges in Indiana, it is essential to seek legal representation immediately. A skilled criminal defense attorney can help build a strong case and potentially reduce or dismiss the charges against you. Some common defense strategies in pharmacy fraud cases include:

Lack of Intent – In some cases, it may be possible to argue that the defendant did not have the intention to commit prescription fraud.

Invalid Search Warrant – If evidence was obtained through an invalid search warrant, it could potentially be dismissed in court.

Mistaken Identity – It is possible for someone to be falsely accused of prescription fraud due to mistaken identity.

Lack of Evidence – The prosecution must prove beyond a reasonable doubt that the defendant committed prescription fraud. If there is insufficient evidence, the charges may be dismissed.

Prescription Fraud Sentencing in Indiana

Prescription fraud sentencing in Indiana takes into consideration various factors such as the severity of the offense, the defendant’s criminal history, and any mitigating or aggravating circumstances. In general, first-time offenders may receive lighter sentences compared to repeat offenders or those involved in larger-scale operations. Additionally, some alternatives to incarceration such as drug treatment programs may be available for eligible individuals.

In Summary

Prescription fraud is a serious crime that can lead to severe legal consequences. If you are facing pharmacy fraud charges in Indiana, it is crucial to seek legal representation and understand the laws, potential penalties, and defense strategies surrounding this offense. Remember, ignorance of the law is not a valid defense.

Looking for aggressive criminal defense that can get you the best possible outcome in court for your fraud charges? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense charge defense lawyer who can skillfully fight your prescription fraud charges in Indianapolis, Indiana. Act now while there is still ample time to build your defense and secure your freedoms.

Related Posts:

The Penalties for Prescription Drug Criminal Charges in Indiana
What to Do if You are Facing Prescription Drug Charges in Indianapolis
Were You Arrested for Prescription Drug Possession in Indiana?

What to Do If You’re Arrested for Drug Possession in Indiana

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Being arrested for drug possession can be a frightening and disorienting experience, particularly in Indiana where drug laws are notably stringent. This blog post aims to provide you with crucial information and actionable advice to navigate this challenging situation. It is crucial to remember that every decision you make from the moment of your arrest can profoundly impact the outcome of your case.

Understanding your rights, the legal process, and the importance of securing a seasoned criminal defense lawyer will serve as your guiding compass. Read on to equip yourself with knowledge that can make a significant difference in your future.

Call 317-636-7514 to Speak With a Drug Defense Lawyer in Indianapolis Indiana
Call 317-636-7514 to Speak With a Drug Defense Lawyer in Indianapolis Indiana

Your Rights as an Arrested Individual

As a citizen of the United States, you have certain constitutional rights that protect you during an arrest. These include the right to remain silent and your right to an attorney. It is essential to exercise these rights immediately after your arrest and not answer any questions or make statements until you have spoken with a lawyer. Anything you say can be used against you, so it is best to remain silent until you have legal representation.

How to Behave While Under Arrest

It is crucial to remain calm and cooperative during an arrest. Any resistance or hostility towards law enforcement can escalate the situation and potentially result in additional charges. You have the right to ask why you are being arrested, but it is important to refrain from arguing or attempting to flee. Additionally, do not consent to any searches without a warrant or probable cause as this can also lead to further legal complications.

Understanding Indiana’s Drug Possession Laws

Indiana has strict laws regarding drug possession. Depending on the type and quantity of drugs involved, drug possession can result in severe penalties, including imprisonment and fines. The state categorizes controlled substances into five schedules based on their potential for abuse and medical value. Schedule I drugs, such as heroin and LSD, carry the most severe penalties, while Schedule V substances have less strict sentencing. It is essential to consult with a criminal defense lawyer who is well-versed in Indiana’s drug laws to understand the potential consequences you may face.

What to Do If You’re Arrested

The first thing you should do if you’re arrested for drug possession is to remain calm and cooperate with law enforcement. It may be a stressful and overwhelming situation, but it is crucial to remember not to resist arrest or become combative with the authorities. Once you are in police custody, exercise your right to remain silent and do not answer any questions without legal representation.

The Importance of Hiring a Criminal Defense Lawyer

One of the most critical steps you can take after being arrested for drug possession in Indiana is to hire a criminal defense lawyer. A skilled and experienced criminal defense attorney will be able to review your case, build a solid defense strategy, and fight for the best possible outcome on your behalf. They will also ensure that your constitutional rights are protected throughout the legal process. It is not advisable to face drug possession charges alone, as the consequences can be severe without proper legal representation.

Final Thoughts

Being arrested for drug possession in Indiana is a serious matter that requires careful navigation. Knowing your rights, understanding state laws, and seeking the assistance of a criminal defense lawyer are crucial steps you must take to protect yourself and your future. Remember always to remain calm, exercise your right to remain silent, and seek legal representation as soon as possible. With the right knowledge and actions, you can overcome this challenging situation and move forward with your life.  So, if find yourself in such a predicament, do not hesitate to reach out for help – it may make all the difference. 

If you are facing criminal charges for drugs, it’s essential that you seek the advice of a qualified lawyer as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned drug defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

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The Penalties for Prescription Drug Criminal Charges in Indiana

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If you’ve been charged with a prescription drug crime in Indiana, it’s important to understand the possible penalties that come with a conviction. Depending on the degree of your offense and other factors, you could be facing serious consequences such as jail time and hefty fines. In order to protect yourself from the worst-case scenario, it is essential to become familiar with Indiana’s laws surrounding narcotics charges and contact an experienced Indianapolis drug crime lawyer who can help build your defense.

In this blog post, we will break down the various types of prescription drug crimes in Indiana and their associated punishments so that you can make informed decisions about how best proceed if you are charged with a narcotic-related offense. We will also provide tips for choosing an experienced drug charge attorney who can fight on your behalf in court and secure favorable outcomes for your case.

Call 317-636-7514 to Speak With a Prescription Drug Criminal Lawyer in Indianapolis
Call 317-636-7514 to Speak With a Prescription Drug Criminal Lawyer in Indianapolis

Types of Prescription Drugs and Criminal Charges

A variety of man-made drugs are commonly trafficked and abused on the black market, primarily tranquilizers, benzodiazepines, opioid painkillers, and stimulants. In more recent years, illegally made fentanyl has become increasingly popular among drug dealers due to its high potency and low manufacturing costs. The dangers posed by opioids, benzos, prescription stimulants, depressants, and fentanyl cannot be underestimated. Many users who purchase these substances from drug dealers can unknowingly become addicted or experience serious side-effects. This is why regulatory measures continue to be taken to curtail illegal sales of controlled pharmaceuticals through dealers.

The most common types of prescription drug crimes in Indiana are possession, manufacturing, distribution, and trafficking. Depending on the number and type of drugs involved, your charge could range from a misdemeanor to a felony offense. The punishment for each crime varies as follows:

Possession: Possession of narcotics without proper authorization is illegal and can lead to misdemeanor or felony charges depending on the amount and type of drug. Punishment typically includes jail time ranging from one year or more, along with fines up to $10,000.

Manufacturing: Manufacturing controlled substances in Indiana carries punishments of up to 10 years in prison and fines up to $100,000 if convicted. 

Distribution: Distributing narcotics without a prescription carries the same penalties as manufacturing, but with increased fines up to $150,000.

Trafficking: Trafficking narcotics across state lines is considered a federal offense and carries the harshest punishments of all including up to 20 years in prison and fines of up to $1 million.

Are You Facing a Prescription Drug Charge?

No matter what type of drug crime you’ve been charged with in Indiana, it’s important that you seek legal help from an experienced drug crime lawyer in Indianapolis who can provide personalized guidance for your situation. A criminal attorney can review the facts of your case and determine if there are any potential defenses that can help reduce or dismiss your charges. They will also be able to advise you on the best course of action to take in order to secure the most favorable outcome for you.

Were you just arrested for a drug crime related to prescription pills or medications? If you’ve been charged with a prescription drug crime in Indiana, contact David E. Lewis, Attorney at Law, at 317-636-7514 today for knowledgeable and experienced legal representation. Our Indianapolis drug crime attorneys will provide you with personalized advice and develop an effective defense strategy that protects your rights and preserve your freedoms. Act now before it’s too late!

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Were You Arrested for Prescription Drug Possession in Indiana?

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Prescription drug use is prevalent here in Indiana. But as a schedule II narcotic, you will be arrested if you are caught in possession of such drugs without a valid prescription, and therefore, face a long list of penalties. Continue reading to learn what you need to do to protect your rights and preserve your freedoms when facing prescription drug charges in Indiana.

Prescription Drug Attorney
Prescription Drug Attorney 317-636-7514

Schedule II Drugs

According to Indiana Code 35-48-2-6, Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence.

Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Indiana Prescription Drug Penalties

Your prescription drug charges can be further enhanced as a more serious offense if certain facts are present during your arrest. Examples of possible prescription drug possession enhancements:

➨ Drug Manufacturing
➨ Priors for Dealing
➨ Possession of Firearm
➨ In Drug-Free Zones
➨ Presence of Children
➨ On School Grounds or Within 500 Feet
➨ Dealing to a Minor
➨ On or Within 500 Feet of a Park or School Bus
➨ Dealing to Someone 3 Years One’s Junior
➨ And More

Even without enhancements, the penalties for prescription drug possession can be harsh…

POSSESSION:
➥ 0 Months to 1 Year in an Indiana County Jail Facility
➥ Probation up to 1 Year
➥ Fine up to $5,000 – Not including court costs and probation fees
➥ Class A Misdemeanor

DEALING – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

DEALING – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

DEALING – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Unfortunately, Indiana does not view drug addiction as a health epidemic, but rather a crime, if you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense attorney representing your legal best interests. Otherwise, you face the possibility of being sentenced to the maximum penalties for your crime.

If you or someone you know is struggling with addition, please refer to the National Institute on Drug Abuse for information that can help.

Prescription Drug Defense in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for prescription drug defense in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

What are Legend Drugs?

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If you are on the prescription drug spectrum, whether as a medical professional, user, addict, or patient, you may have heard of the term, legend drugs. Continue reading to learn what you need to know about such drugs, including how to avoid the maximum penalties for prescription drug charges in Indiana.

Indianapolis Prescription Drug Lawyer
Indianapolis Prescription Drug Lawyer 317-636-7514

Legend Drugs and the Law

Legend drugs, simply known better as prescription drugs, can be both controlled narcotic substances and non-narcotic drugs. They are drugs that are approved by the U.S. Food and Drug Administration (FDA) for dispersal to the public. However, both state and federal law require legend drugs to be dispensed only with a prescription from a licensed physician or other licensed provider.

Aside from medical practitioners, such drugs can be authorized by veterinarians, dentists, optometrists, and other licensed medical professionals. Nurses, medical assistants, midwives, emergency medical technicians, social workers, and even psychologists are not legally authorized to write prescriptions or disperse such drugs.

Prescription Drug Charges

Here in Indiana, it is against the law to a) forge prescriptions, b) write prescriptions as a medical professional to a patient that does not require them, c) write prescriptions as a non-authorized medical professional, possess controlled narcotics without a prescription, and sale, distribute, and transport controlled narcotics. Check out the levels of punishment for some of the most common prescription drug crimes, below. These are without enhancements and priors.

? Possession:

Class A Misdemeanor
0 Months to 1 Year in an Indiana County Jail Facility.
Probation up to 1 Year.
Fine up to $5,000 – Not including court costs and probation fees.

? Fraud:

Level 6 Felony
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison.
Probation up to 2 ½ Years.
Fine up to $10,000 – Not including court costs and probation fees.

? Dealing (Less than 5 grams):

Level 4 Felony
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison.

? Dealing (5 – 10 grams):

Level 3 Felony
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison.

? Dealing (Over 10 grams):

Level 2 Felony
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison.

*Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Criminal Defense for Drug Crimes in Indiana

Sadly, Indiana does not see drug addiction and usage as a health epidemic, but rather a crime, which means there will always be a need for a hard-hitting criminal defense drug crime lawyer. If you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense lawyer on your side.

Indiana Criminal Defense You Can Trust

Call 317-636-7514 to schedule a consultation with aggressive Indiana prescription drug crime lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

State and Federal Penalties for Getting Caught With Prescription Drugs

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Prescription drug offenses have become an increasing epidemic, both nationally and internationally, within the past decade. Whether a person is taking prescribed drugs without a prescription, or abusing them as a result of a dependency, Indiana does not see drug addiction and usage as a health epidemic; instead, Indiana views illegal drug use as a crime, which means there will always be a need for a tough criminal defense drug crime lawyer.

Take a look below at some of the most common penalties for prescription drug charges.

Prescription Drug Crime Lawyer 317-636-7514
Prescription Drug Crime Lawyer 317-636-7514

State and Federal Prescription Drug Penalties

The most common prescription drug offenses here in Indiana include possession, trafficking, manufacturing, and variations of all three. There are penalties for each prescription drug crime, all of which vary in severity depending on several factors, such as the type of drug, the quantity recovered by law enforcement, Indiana drug schedules, criminal priors, criminal enhancements, and more.

As for enhancements, additional ones include, but are not limited to drug manufacturing, priors for dealing, possession of firearm, caught in drug-free zones, presence of children, on school grounds or within 500 feet, dealing to a minor, on or within 500 feet of a park or school bus, dealing to someone 3 years one’s junior.

Additional penalties may be applied to sentences, including hefty fines, probation, parole, drug screening, drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Here is a general guideline to state and federal penalties for the above-mentioned prescription drug crimes:

STATE:

Possession (No Enhancements):
0 Months to 1 Year in an Indiana County Jail Facility
Class A Misdemeanor

FEDERAL:

Prescription Fraud (No Priors):
Minimum of 6 Months – Average 1 Year – Max 2 ½ Years in Prison
Level 6 Felony

Prescription Fraud (With Priors):
Minimum of 1 Year – Average 3 Years – Max 6 Years in Prison
Level 5 Felony

Dealing – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 1 GRAM (With Enhancements):
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

Dealing – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – UNDER 5 GRAMS (With Enhancements):
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

Dealing – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Dealing – 5 TO 10 GRAMS (With Enhancements):
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Indiana Prescription Drug Lawyer

David E. Lewis Attorney at Law
David E. Lewis Attorney at Law 317-636-7514

If you want to avoid jail time and other extreme drug crime penalties for prescription drug charges in Indiana, then you need the skills and determination of a licensed criminal defense lawyer. Attorney David E. Lewis will fight to reduce criminal charges, dismiss your cases, or enter you into alternative sentencing agreement in Indiana. He fights to protect and preserve your future and good name, and stops at nothing to win a more successful result for you. Call our office today at 317-636-7514 and schedule a free initial consultation to discuss and evaluate your case.