Kansas City Prescription Drug Lawyer

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If you are facing potential charges for prescription drug abuse or fraud, you need competent legal guidance. Joseph, Hollander & Craft can help. Our Kansas City prescription drug lawyers not only understand how to build a strong defense; we also assist with associated disciplinary matters when you are facing the potential loss of a professional license. Let us help you take back control.

What Is Prescription Drug Abuse?

Prescription drug abuse occurs when a person uses a medication that was either not prescribed to them, or uses it in a way that is outside of the prescription order itself. There are many reasons why a person may be using these substances, including dependency.

What Is Prescription Drug Fraud?

Prescription drug fraud is a term used to describe numerous types of actions involving the use of prescriptions in an unlawful manner. In a broad sense, it applies to any situation in which a person attempts or obtains a controlled substance or knowingly procures or attempts to procure it with some type of fraud.

Examples of prescription drug fraud can include:

• Forging prescriptions
• Selling prescriptions
• Increasing the quantity of a prescription
• Running a “pill mill”
• Engaging in kickback programs with providers or others
• Billing insurers, including Medicare/Medicaid/TRICARE, for prescription drugs that a provider did not prescribe
• Billing for different amounts of prescription drugs than provided
• Billing for medications not picked up or delivered
• Billing for expired drugs
• Charging for more prescription medication than provided to the patient

Generally, prescription fraud charges are considered white-collar crimes, as they may be committed by professionals with access to the medications.

Criminal Charges Stemming from Fentanyl

Fentanyl is a highly addictive and incredibly potent opioid. It is generally prescribed for palliative care, or for the pain associated with advanced cancers. Legally manufactured fentanyl can be diverted in health care settings via direct theft, illicit distribution, or fraudulent prescriptions. It can also be manufactured illegally.

In Missouri and Kansas, our criminal defense attorneys in Kansas City provide aggressive defense strategies to clients facing charges like:

• Illegal possession of fentanyl
• Trafficking
• Manufacturing
• Unlawful sale, distribution, or purchase
• Creating a danger in the manufacturing or production of a drug

Our defense attorneys in Kansas City represent people facing federal charges as well as state charges. Charges that often come up in federal opioid prosecutions include:

• Tampering with Consumer Products (18 USC 1365(a)) – This may be charged when an individual with access to a controlled substance takes it for his or her own benefit and substitutes something else (like a placebo) in its place to cover up the theft.
• Unlawful Distribution of a Controlled Substance (18 USC 841) or Conspiracy (18 USC 846) – These offenses may be charged in “pill mill” cases in which providers prescribe medications that are not indicated or more than is indicated (often in exchange for special compensation).

Other Drugs and Medications

Numerous prescription drug misuses can lead to criminal charges in Missouri state and federal courts. Other drugs that may lead to such charges include:

Depressants

Ambien
Amytal
Ativan
Halcion
Klonopin
Librium
Lunesta
Nembutal
Phenobarbital
Seconal
Sonata
Valium
Xanax

Opioids 

Avinza
Dilaudid
Duramorph
Kadian
Lorcet
Lortab
Ormorph
Oxycontin
Percocet
Percodan
Robitussin A-C
Roxanol
Tylenol w/ Codiene
Vicodin

Stimulants

Adderall
Biphetamine
Concerta
Dexedrine
Metadate
Quillivant
Ritalin

Commonly misused drugs, MedlinePlus

Criminal Penalties Associated with Prescription Drugs

If you are accused of fraudulently attempting to obtain a controlled substance, you could be charged with a class E felony. This includes using false information to obtain a prescription, claiming to be an authorized person or a physician, or forging prescriptions or drug labels. This is punishable by up to four years in prison.

Missouri law also makes it illegal to distribute prescription drugs to anyone else. That means you cannot give your prescription to another person, even someone you know who takes the same medication. In cases where this is done at school or within 2,000 feet of any school, this class A felony.

If you are accused of possession, sales, distribution, manufacturing, trafficking, or any other illegal possession or use of a prescription that is not your own, contact a Kansas City drug crime defense attorney from Joseph, Hollander & Craft immediately for guidance.

How a Kansas City Prescription Drug Attorney Can Help

At Joseph, Hollander & Craft, our top-rated criminal defense attorneys in Kansas City bring skill, passion, and experience to your case. Consider how we can help you defend your legal rights if you are accused of prescription drug fraud.

Working to Get Your Charges Dropped

Our initial step is the most aggressive. Whenever possible, our objective is to create a defense strategy that makes it impossible for the prosecution to succeed with charges against you. Some potential defense strategies may include:

• Suppressing any evidence that was obtained in violation of your Fourth or Fifth Amendment rights;
• Supplying proof that you were prescribed the medication legally and by a practicing physician; or
• Submitting evidence that your prescription pad was stolen or your signature was forged, either by pen or electronically.

When possible, our attorneys will take every step possible to get your charges dropped.

Negotiating a Better Deal on Your Behalf

In some situations, it may not be possible to get charges dropped. If that is the case, we bargain for reduced charges or seek alternative sentencing up to the level the law allows. Many times, a plea deal may be available to help you avoid jail time or excessive fines. If you are not a good candidate for going to drug court, we may recommend working with the prosecutor’s office to develop a plea that minimizes the negative impact on you.

Our Kansas City defense attorneys will help you determine if a drug court is the better option for you. This may allow you to obtain substance abuse treatment while minimizing traditional criminal prosecution.

Defending You in Court

There are situations where you will go to court. In these situations, our attorneys remain by your side, building a strong case for you. We fight for you throughout the legal process.

At Joseph, Hollander & Craft, we know the importance of seeking aggressive defense against such claims in Kansas City. A prescription drug crime lawyer from our firm can answer your questions and guide you in your next steps.

Frequently Asked Questions About Prescription Drug Crimes

Am I going to go to jail?

Whether you are accused of unlawfully possessing prescription drugs, selling them, or distributing them in any way, you could face jail time for a conviction. We strive to help you avoid this particular outcome.

Am I going to lose my job?

It depends. Certain types of charges may lead you to lose your job even if you are not convicted. A conviction may bar you from applying for other positions. That is why it is so important to seek legal counsel as soon as possible. Joseph, Hollander & Craft has particular experience working with professionals whose licenses are at risk.

Am I going to lose my kids?

For families, a drug conviction can carry a wide range of implications. If you have custody of a child and are convicted of a prescription drug offense, your co-parent may believe it is not in the child’s best interests to remain in your care and request a modification of the custody arrangement. Our Kansas City child custody attorneys can assist in your family law matter.

Does Missouri have Good Samaritan laws?

Yes, Missouri (like Kansas) has a Good Samaritan law. This law allows people to act in any situation where someone needs emergency medical care, such as due to a potential drug or alcohol overdose. Those who act and seek to provide medical support to a person in such a situation are protected from legal actions taken against them if they fail to provide quality care or if the victim suffers in any other way.

If I am stopped for a traffic infraction and police see my prescription bottle, can they search my vehicle?

Depending on what the police officer sees and the circumstances surrounding the incident, the police may question you about the prescription bottles present. We encourage you to ensure you understand your Fourth Amendment rights.

Do You Have a Prescription Drug Crime Lawyer Near Me?

Our Kansas City office is conveniently located downtown at 926 Cherry St., and is open from 8:30 a.m. to 5:00 p.m., Monday-Friday. Please call to set an appointment. We maintain additional offices in Overland Park, Lawrence, Topeka, and Wichita for your convenience.