Prescription Fraud Attorney in Miami

Your Ally for Prescription Fraud Defense in Miami, FL

If you need a prescription fraud attorney in Miami, you deserve more than just basic legal guidance—you need a team that will protect your freedom, your reputation, and your future.

With extensive courtroom experience and the perspective of a former Miami prosecutor, our firm understands both the law and the unique procedures in Miami’s criminal justice system.

Prescription fraud charges in Miami can affect your family, your job, and your ability to move forward. Because Miami is a hotspot for enforcement of controlled substance regulations, law enforcement and pharmacies are highly vigilant. 

Our prescription fraud lawyers in Miami work closely with you from the outset, making sure you understand your rights, your legal options, and how the local legal landscape can affect your case.

We are former prosecutors who offer free consultations, 24/7 availability, and bilingual services. Contact a prescription fraud lawyer in Miami today by calling (305) 400-0074 or reaching out online.

Understanding Prescription Fraud Laws in Florida

In Florida, the laws governing prescription fraud are not limited to a single statute. The state prosecutes these offenses under various laws, often related to drug crimes and forgery. The most common charges fall under Florida Statutes § 893.13, which outlines a variety of unlawful acts involving controlled substances, and Florida Statutes § 831.30, which deals with the forgery of prescriptions for medicinal drugs. 

The law is broad and can be applied to a wide range of fraudulent activities, from forging a prescription slip to "doctor shopping." The intent of the law is to prevent the illegal acquisition and distribution of prescription medications, which are often highly addictive and dangerous.

Enforcement agencies in Miami, such as the Miami-Dade Police Department and the State Attorney’s Office, pursue these cases vigorously. Prescription drug cases here may also attract federal attention, especially when large quantities, multiple pharmacies, or interstate activity are suspected. 

That’s why you need a prescription fraud lawyer in Miami who can respond quickly and build a defense that stands up in both state and federal court. When you choose Law Office of Armando J. Hernandez, P.A., you have an advocate who will address your legal needs and help you work toward a more secure future.

Classifications and Degrees of a Prescription Fraud Offense

The penalties for prescription fraud offenses vary depending on the specific charge, the type of drug involved, and whether it is a first or subsequent offense. Most prescription fraud charges involving a controlled substance are classified as felonies.

• Obtaining a Controlled Substance by Fraud: Under Florida Statutes § 893.13(7)(a)9, it is a felony to acquire or obtain or attempt to acquire or obtain a controlled substance by misrepresentation, fraud, forgery, or deception. A conviction can result in a prison sentence of up to five years and a fine of up to $5,000.
• Prescription Forgery: Under Florida Statutes § 831.30, it is a second-degree misdemeanor to forge a prescription for a medicinal drug that is not a controlled substance. However, if the forgery is for a controlled substance, it can be a third-degree felony.
• Doctor Shopping: This is a specific form of prescription fraud where a person knowingly withholds information from a practitioner about having received a prescription for the same or a similar drug from another practitioner within the last 30 days. This is a felony under Florida Statutes § 893.13(7)(a)7.
• Drug Trafficking: A charge of prescription fraud can quickly escalate to a more serious charge, such as drug trafficking, if the amount of the drug in your possession meets the statutory threshold for trafficking, regardless of whether you had the intent to sell it. 

In such cases, the penalties are much more severe. A knowledgeable prescription fraud lawyer in Miami will fight to prevent this escalation and work to reduce the charges you face.

Penalties of Prescription Fraud Convictions in Florida

The direct legal penalties for a prescription fraud conviction depend on the class of the offense. These can include:

• Incarceration: Jail or prison time, ranging from a few months for a misdemeanor to several years for a felony.
• Fines: Fines can be substantial, often reaching into the thousands of dollars.
• Probation: A conviction will likely be followed by a period of supervised probation, during which you must adhere to strict conditions. A violation of these terms can lead to re-incarceration.
• Mandatory Drug Testing: As a condition of probation, you will likely be required to submit to regular drug testing.
• License Suspension: A conviction for prescription fraud can lead to the suspension or revocation of your driver's license.

Collateral Consequences

A criminal record for a drug offense can follow you for the rest of your life, making it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a felony drug conviction will result in a permanent ban on owning or possessing a firearm. For non-citizens, a conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

The Florida Criminal Defense Process for Prescription Fraud Charges

Navigating the criminal justice system in Florida for a prescription fraud charge can be confusing and overwhelming. Our firm provides a clear, step-by-step guide and will be with you at every stage, ensuring you understand your rights and your options.

1. Investigation and Arrest: The process begins with an investigation and arrest; it is crucial to remain silent and request a lawyer immediately.
2. First Appearance and Arraignment: Within 24 hours of arrest, you will have your first appearance and arraignment to be informed of the charges and set bond.
3. Discovery: We will obtain and review all the evidence the prosecution intends to use against you, including police reports, pharmacy records, and witness statements, to find weaknesses or inconsistencies.
4. Pre-Trial Motions and Plea Negotiations: We will file pre-trial motions to challenge illegally obtained evidence or procedural errors and engage in plea negotiations with the prosecutor, seeking a favorable agreement.
5. Trial and Sentencing: If a plea agreement cannot be reached, we are prepared to take your case to trial. If a conviction occurs, we will present mitigating evidence and arguments during sentencing to seek the most lenient sentence possible.

Contact Our Prescription Fraud Lawyers in Miami Today

If you are facing prescription fraud charges in Miami, the best time to take action is right now. At Law Office of Armando J. Hernandez, P.A., our Miami-based prescription fraud lawyers deliver clear guidance, organized defense, and reassurance at every stage.

• Receive a confidential, judgment-free consultation—your privacy is always our priority.
• Gain a clear understanding of your rights and options under Miami and Florida law.
• Have experienced, accessible advocates by your side 24/7, including critical Spanish-language representation.

Call (305) 400-0074 or fill out this online form today for answers and to start building a defense you can trust.