I work on the River Boat Barges as a Cook. I went to only one doctor, who would write me presciptions and occasionally call them in early so that I could have them while at work. I have no access to a pharmacy, mail, ect. and that was the only means possible for managing my pain while working on the river for 28 days at a time. I was arrested and charged with two felony counts of obtaining a prescription under false pretences, what does this mean? Am I missing something? Is there something I could have done different to avoid this?
Criminal Defense Attorney
Here is the KY statute:
§ 218A.140. Prohibited acts relating to controlled substances - Penalties.
Kentucky Revised Statutes
Title 18. PUBLIC HEALTH
Chapter 218A. CONTROLLED SUBSTANCES
Current through 2011 Legislative Session
§ 218A.140. Prohibited acts relating to controlled substances - Penalties
(1) (a) No person shall obtain or attempt to obtain a prescription for a controlled substance by knowingly misrepresenting to, or knowingly withholding information from, a practitioner.
(b) No person shall procure or attempt to procure the administration of a controlled substance by knowingly misrepresenting to, or withholding information from, a practitioner.
(c) No person shall obtain or attempt to obtain a controlled substance or procure or attempt to procure the administration of a controlled substance by the use of a false name or the giving of a false address.
(d) No person shall knowingly make a false statement regarding any prescription, order, report, or record required by this chapter.
(e) No person shall, for the purpose of obtaining a controlled substance, falsely assume the title of or represent himself or herself to be a manufacturer, wholesaler, distributor, repacker, pharmacist, practitioner, or other authorized person.
(f) In order to obtain a controlled substance, no person shall present a prescription for a controlled substance that was obtained in violation of this chapter.
(g) No person shall affix any false or forged label to a package or receptacle containing any controlled substance.
(2) No person shall possess, manufacture, sell, dispense, prescribe, distribute, or administer any counterfeit substance.
(3) No person shall knowingly obtain or attempt to obtain a prescription for a controlled substance without having formed a valid practitioner-patient relationship with the practitioner or his or her designee from whom the person seeks to obtain the prescription.
(4) No person shall knowingly assist a person in obtaining or attempting to obtain a prescription in violation of this chapter.
(5) Any person who violates any subsection of this section shall be guilty of a Class D felony.
History. Effective: June 8, 2011
Amended 2011, Ky. Acts ch. 2, sec. 6, effective June 8, 2011. -- Amended 2007, Ky. Acts ch. 124, sec. 2, effective June 26, 2007. -- Amended 1998, Ky. Acts ch. 301, sec. 22, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 441, sec. 5, effective July 14, 1992. -- Created 1990 Ky. Acts ch. 160, sec. 2, effective July 13, 1990.
You need to contact a competent criminal defense attorney in your area ASAP for advice and representation. This offense is a felony and it carries 1-5 years and/or a fine up to $10,000.00 plus approx. $150..0 court costs. It sounds like you have a valid defense. Your attorney will get more information to see the facts behind these charges.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..