Criminal Attorneys & DWI Lawyers in Covington, New Orleans, and Shreveport Louisiana
Obtaining CDS by Fraud Lawyer in Louisiana
Carl Barkemeyer is an attorney who provides legal defense representation to those charged with Obtaining CDS (controlled dangerous substance) by Fraud in Louisiana. He provides representation for this crime in all courts throughout Louisiana. He is very experienced in dealing with this charge and helping his clients defend Obtaining CDS by Fraud.
What is Obtaining CDS by Fraud?
Obtaining CDS by Fraud is a serious felony offense in Louisiana. The most frequent cases involve the use of fraudlent prescriptions with the intent to obtain drugs. Commonly, the offender is observed filling fraudulent prescriptions at a drug store or many drug stores. This charge can carry a sentence of up to 5 years in prison. Often times, individuals are charged with attempting to obtain CDS by fraud.
Louisiana is serious when it comes to obtaining CDS by fraud. This is a common criminal offense that involves prescription drugs. It is common to see people obtaining CDS by forging their prescriptions or misrepresenting themselves. This is highly illegal and if caught, you could be slapped with hefty penalties.
We have seen cases where people think that forging a prescription is a mere offense that can be solved with just a warning. What if I told you that it was not true? The state of Louisiana abhors this and has gone out of his way to ensure that it is criminalized. If you are caught obtaining CDS by fraud in Louisiana, you need a criminal defense attorney like Carl Barkemeyer to represent you.
It doesn’t matter if the prescription is for your loved one and you counterfeited it, it is illegal. It doesn’t matter if it were altered by you or someone else, it is illegal. If you stole the prescription from a loved one, it is illegal. If you are the rightful owner of the prescription but you decided to alter it to increase your dose, it is illegal.
If you have a prior drug offense, it could worsen your sentence. This doesn’t mean that a first-time offender would be given a slap on the wrist. Far from it, the penalties are harsh too. This is why you need a criminal defense attorney like Carl Barkemeyer to represent you.
He will look at the facts of the case and create a defense strategy that may work well with the facts. He also has a team of investigative experts that try to see if the facts and evidence are true and if there are ways to poke holes in the case.
Even if you have a bad case, we can help. We know how to negotiate with the prosecutor to help our clients that have drug addictions leading to arrests.
Usually, this crime is treated as a third-degree offense, especially when it is Oxycontin, Hydrocodone or some similar drug involved.
The penalties for this crime are usually dependent on if you are a first-time offender. If you have a prior drug conviction, your penalties could increase. If you are caught attempting to obtain CDS by fraud with a kid nearby, it could worsen the charge. If you are caught with an illegal firearm, while committing the crime, it could worsen. If you are seen trying to sell the drugs that you got through fraud or misrepresentation, it could worsen.
The most common scenarios for Obtaining CDS by Fraud under La RS 40: 971 include the following:
(a) manufacture or distribution of a controlled dangerous substance a license number which is fictitious, revoked, suspended or issued to another person; or
(b) acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge; or
(c) furnish false or fraudulent material, information in any application, report or other document required to be kept by this part.
(d) make, distribute, or possess any punch, die, plate, stone or other thing designed to print, imprint, or reproduce the trademark, trade name, or other identifying mark, imprint, or device of another of any likeness of any of the foregoing upon any drug or container or labeling thereof so as to render such drug a counterfeit controlled dangerous substance; or
(e) alter any controlled dangerous substance obtained by prescription without prior approval of the department; or
(f) alter any prescription for a controlled dangerous substance; provided that this shall not apply to the person issuing the original prescription or the pharmacist pursuant to instructions from the physician; or
(g) obtain or attempt to obtain a prescription or prescription blank form from a doctor, dentist, or veterinarian for a controlled dangerous substance and/or legend drug by fraud, theft, misrepresentation, deception or subterfuge.
(h) possess a prescription for a controlled dangerous substance and/or legend drugs without the express consent of the party for whom such prescription was written. For the purposes hereof a legend drug is any drug or drug product bearing on the label of the manufacturer or distributor as required by the Federal Food and Drug Administration the statement “Caution: Federal law prohibits dispensing without prescription.”
(i) obtain or seek to obtain any controlled dangerous substance or a prescription for a controlled dangerous substance from a health care practitioner, while being supplied with any controlled dangerous substance or a prescription for any controlled dangerous substance by another health care practitioner, without disclosing the fact of the existing prescription to the practitioner from whom the subsequent prescription for a controlled dangerous substance is sought. Failure of a practitioner to request the disclosure is not a violation of this Subsection by the practitioner. The disclosure shall include the name of the controlled dangerous substance, the date of the prescription, the amount of the controlled substance prescribed, and the number of refills if any. The disclosure shall be made in writing by the person obtaining or seeking to obtain the controlled dangerous substance and shall be made a part of the person’s medical record by the health care practitioner. As used in this Section, the term “existing” shall mean the period of time within which the prescription was prescribed to be taken.
Examples of Obtaining CDS by fraud in Louisiana:
- It could be forging a prescription to get prescription drugs.
- It could be altering the prescription to get a higher dosage or to get another drug.
- It could be calling in a fraudulent prescription.
- It could be pilfering blank prescriptions from doctors and so on.
- It could be stealing tablets.
- It could be selling these drugs when your license has been revoked.
- It could be forging a license to sell these drugs.
- It could be a physician or health worker that is addicted to opiate.
- Whatever your case may be, you need an obtaining CDS by fraud lawyer in Louisiana to help.
Authorities Are Using More Sophisticated Means To Catch People Committing This Crime
Though people may be coming up with new strategies to commit this crime, the authorities seem to be improving in their tactics of catching those that want to get prescription drugs such as oxycontin, hydrocodone, and other opiates via fraud. It is common for doctors, pharmacies and the authorities to find out the forgery.
If you are arrested for obtaining CDS by afraid, do not take it for granted. A lot of prosecutors are taking the hard lane to ensure that anyone caught is found guilty and given the harshest penalties.
If you are charged with this offense, there is a great chance that your prosecutor in Louisiana will do everything possible to ensure that you are prosecuted. This is not far from the fact that many deaths stem from obtaining CDS by fraud.
These drugs are obtained and consumed, which may lead to death. Sometimes, they are obtained and sold. They are then consumed, which could lead to addiction, health issues, and even deaths. Besides, the prosecutors that are able to convict more cases tend to grow up the ladder. Those police officers that are able to close a lot of these drug cases are known to also climb up the ladder of success.
Not for a second should you think that the police officers are on your side, no matter how they say that they want to prove your innocence.
When a drug charge is brought against you, the only person you can trust is your criminal defense attorney in Louisiana. Carl Barkemeyer will have your interest at hand.
What Is Illegal In Louisiana?
It is illegal to distribute CDS in Louisiana without permission or licensing.
It is illegal to manufacture CDS if you don’t have a license.
It is illegal to manufacture CDS when you have a license and distribute it to someone without a license.
It is illegal to remove or change the sign stipulated by the Uniform Controlled Dangerous Substances Law.
It is illegal to not keep the form or record as stimulated by the laws.
It is illegal to stop your premises from being inspected as stipulated by the law.
Penalties for Obtaining CDS by Fraud in Louisiana
The penalties of this crime are a fine of up to $50,000. It could lead to a prison term of 5 years.
What if I have a Bad Case?
Although you may think the State has a good case against you, there may be ways to fight for a better result. Mr. Barkemeyer takes an aggressive approach to helping his clients seek treatment or rehabilitation which may allow for a deal to be made with a prosecutor. He is aware of the many types of treatment facilities and programs that are specific to each individual. He will discuss with you and the prosecutor to determine the best means to the best result in and out of court.
Don’t Give Up
It is unfortunate when someone gets a charge for Obtaining CDS by Fraud because it is likely they have an addiction or they are close to someone who does. However, Mr. Barkemeyer is experienced in helping the accused get help and work towards a good result in the criminal justice system. He understands that his client’s record is very important and needs to be protected.
Contact Louisiana Obtaining CDS by Fraud Lawyers at the Barkemeyer Law Firm in Louisiana.
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Louisiana DWI & Criminal Lawyers
Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in Baton Rouge, Ascension, Livingston, Tangipahoa, Port Allen, Alexandria, New Orleans, Lafayette, Metairie, Kenner, Gretna, Hahnville, Chalmette, Slidell, St. Tammany, St. Charles, St. John, St. Bernard, Mandeville, Covington, Shreveport, Bossier, Jefferson, and all of Louisiana.
DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.