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I was pulled over by the police, and they found medication in the car. I got the pills from a friend who has a prescription, but the prescription is not in my name. I’m taking the medication to treat a health condition I have. Can I face criminal liability for this?

prescription drugs

Yes. As most people are aware, under Florida Statute 893.13 it is illegal to have a controlled substance in your possession unless that controlled substance is prescribed to you by a licensed practitioner providing you with medical treatment.  Common controlled substances include but are not limited to amphetamines such as Adderall, benzodiazepines such a Xanax, and narcotics, including oxycodone, hydrocodone, methadone, and morphine. Possession of a controlled substance without a prescription is a third-degree felony punishable by up to five years in prison and a $5,000.00 fine.  Continue reading

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I want to get a prescription for this medication that I am taking illegally…

illegal prescription drugs

I have been using a narcotic medication that I’ve gotten from friends, but I do not have a prescription myself. I realize that being in possession of this medication without a prescription is illegal and I could face criminal charges, so I want to try to get a prescription from my doctor. If I tell my doctor the right things that they need to hear, whether or not it’s true, to get a prescription, will I be safe from criminal charges?

Most people realize that being in possession of a controlled substance without a prescription is illegal. What people often do not realize is that there are also laws in Florida that make it illegal to obtain or attempt to obtain a prescription for a controlled substance by making false statements or misrepresentations, committing fraud or forgery, or through deception. This makes it illegal to lie to a doctor to obtain a prescription for a controlled substance. It is also illegal in Florida to withhold information from a practitioner who is prescribing you a controlled substance that you have already received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous thirty (30) days. This is intended to prevent “doctor shopping,” or the practice of obtaining multiple prescriptions from multiple doctors within the same timeframe. Continue reading

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Yes. There are several ways under current Florida law for a physician to face criminal liability for illegally prescribing Pill Mills with OxyContinor trafficking controlled substances. Physicians can be held criminally liable for prescribing controlled substances without conducting proper medical examinations, writing a prescription for a controlled substance if the sole purpose is to provide a monetary benefit to the physician, possessing a building or structure (the clinic  or office) for the purposes of trafficking a controlled substance, writing a prescription for a fictitious person,  and assisting someone in obtaining a prescription for a controlled substance through deceptive, untrue, or fraudulent representations, or through employing a trick or scheme. All of these charges are felonies, and a physician will often be charged with several of the above-mentioned criminal offenses if they’re engaged in illegally prescribing controlled substances. Continue reading

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I just got into a car accident and struck a person. I’m nervous and I don’t know what to do. What can happen to hit and run with bicycleme if I just drive away? What will happen if I stop? This scenario can have serious consequences if you make the wrong decision. Under Florida Statute 316.027, a driver involved in an accident must stop their vehicle at the scene of the crash, or as close to the scene of the crash as safely possible. When stopping, you should avoid obstructing the flow of traffic and stay off the roadway as much as possible to avoid any further accidents or injuries caused by moving traffic near the scene. If the accident resulted in bodily injury or property damage, you are required by Florida law to provide your name, address, and the registration number of your vehicle to the other party involved. You are also required to contact 911 for emergency medical services if someone is injured and unable to call for themselves. Continue reading

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os-clermont-police-300x169

Image from orlandosentinel.com

Officer Cecil Garrett was arrested on July 26, 2017, on five counts of perjury committed by false written declaration following a criminal investigation conducted by the Florida Department of Law Enforcement that was initiated after the Clermont Police Chief Chuck Broadway notified them of numerous citizen complaints about Officer Garrett dating back to June of 2016. Officer Garrett is accused of writing in his arresting reports that he initiated traffic stops after running the vehicle’s tag and confirming the driver had a suspended license; however, computer logs showed he had already initiated the traffic stops before he actually ran the tag. Officer Garrett is currently on administrative leave without pay pending the outcome of the criminal case. Perjury is a third-degree felony punishable by up to five years in prison. Continue reading

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