Prescription fraud is one of the most aggressively prosecuted drug offenses in California, and many people charged with it are genuinely surprised by the severity of the consequences they face. Unlike some drug offenses that involve street-level transactions, prescription fraud cases often involve individuals who have no prior criminal history and never considered themselves to be breaking the law in any serious way. But California prosecutors treat these cases seriously, and a conviction can result in jail time, substantial fines, and a permanent criminal record that follows you for the rest of your life. If you are facing prescription fraud charges in Pomona, understanding how these cases are prosecuted — and what your defense options are — is essential.
What Is Prescription Fraud?
Prescription fraud encompasses a range of conduct involving the illegal acquisition or use of prescription medications. Common examples include:
- Forging or altering a legitimate prescription
- Using someone else’s prescription to obtain medication
- Obtaining prescriptions from multiple doctors without their knowledge — a practice sometimes called “doctor shopping”
- Calling in a fraudulent prescription while impersonating a medical professional
- Possessing a fraudulent prescription with the intent to use it
California law treats prescription fraud as a wobbler offense in many cases, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances and the defendant’s prior record. Felony charges carry significantly more serious consequences, including state prison time.
How Prosecutors Build Prescription Fraud Cases
Prescription fraud cases are often the result of coordinated investigations involving pharmacies, medical boards, and law enforcement agencies. California maintains a Controlled Substance Utilization Review and Evaluation System — commonly known as CURES — that tracks prescription records across the state. Prosecutors use this database to identify patterns of conduct that suggest fraud, such as obtaining the same controlled substance from multiple providers within a short period.
Evidence in these cases typically includes pharmacy records, prescription documents, surveillance footage, and records from the CURES database. In some cases undercover operations are used to build evidence against individuals suspected of ongoing prescription fraud activity.
Defense Strategies That Can Make a Difference
Despite the resources prosecutors bring to these cases, there are meaningful defense strategies that an experienced attorney can pursue:
- Challenging the evidence: Prescription records and database information are not always accurate. Errors, misidentification, and database discrepancies can create the appearance of fraud where none occurred.
- Lack of intent: Prescription fraud requires criminal intent. If the defendant was unaware that their conduct was fraudulent — for example, if they genuinely believed they had a valid prescription — lack of intent can be a powerful defense.
- Unlawful search and seizure: If evidence was obtained through an illegal search of your person, vehicle, or home, your attorney may be able to have that evidence suppressed, significantly weakening the prosecution’s case.
- Diversion and treatment programs: For defendants with no prior record and cases involving personal use rather than distribution, diversion programs focused on treatment may be available as an alternative to prosecution. Successfully completing such a program can result in charges being dismissed.
How GBART Law Can Help
At GBART Law, we defend clients against prescription fraud and a full range of drug charges throughout Pomona and the surrounding region. Our background as a former police officer, prosecutor, and defense attorney gives us a unique ability to identify weaknesses in the government’s case and fight effectively on your behalf.
Contact GBART Law today at (951) 221-3998 for a free, confidential consultation — and let us start building your defense right away.