Prescription Fraud Attorney in Oakland
Clear Guidance & Trusted Support from a Prescription Fraud Lawyer in Oakland
Facing prescription fraud charges brings high stakes and uncertainty. At Demetrius Costy Law, we stand with you from the very first call. With over two decades serving individuals throughout Alameda County, our team understands how these cases impact your life, health, and future.
When you reach out to us, you receive clear answers, supportive counsel, and immediate guidance—so you know where you stand, what comes next, and how to protect your rights from day one.
Protect your career and your rights today. Call (510) 254-3945 or reach out online for a free consultation with a dedicated prescription fraud attorney in Oakland. We are ready to put our experience to work for you.
Understanding California Prescription Fraud Statutes
In Oakland, prescription fraud charges can apply both to patients who attempt to acquire controlled substances and to medical professionals who illegally furnish or prescribe them. The crime is often charged as a "wobbler," meaning the prosecutor has the discretion to charge it as either a misdemeanor or a felony, based on the defendant's background and the facts of the case.
Key Types of Prescription Fraud Offenses
- Doctor Shopping: This occurs when a person attempts to obtain, or successfully obtains, a controlled substance by fraud, deceit, misrepresentation, or the concealment of a material fact. This includes lying about symptoms, presenting a false ID, or failing to disclose prior prescriptions or doctor visits. Even a failed attempt to obtain the drug is a crime.
- Forging or Altering a Prescription: This applies to anyone who forges a doctor’s signature, alters the quantity on a legitimate prescription, or uses a prescription known to be forged or altered.
- Unlawful Prescribing: This charge targets medical practitioners who prescribe controlled substances without a legitimate medical purpose or outside the usual course of professional practice (e.g., prescribing to an addict for comfort).
A skilled Oakland prescription fraud lawyer will identify the specific code section charged and formulate a defense tailored to the unique elements of that crime.
Penalties and Collateral Consequences of a Fraud Conviction
The consequences of a prescription fraud conviction in Alameda County are severe, impacting nearly every aspect of your professional and personal life. Depending on how the offense is charged, penalties and collateral consequences can include:
- Misdemeanor (Wobbler): Up to 1 year in county jail, fines up to $1,000, and potential eligibility for record sealing or expungement.
- Felony (Wobbler): 16 months, 2 years, or 3 years in state prison, fines up to $20,000, a mandatory felony record, and a firearm ban.
- Health Care Professional (Felony or Misdemeanor): Fines up to $20,000, immediate professional license suspension or revocation, and possible permanent career impact.
Professional License Loss
For licensed professionals—physicians, dentists, nurses, pharmacists, and even attorneys—a prescription fraud conviction triggers a separate investigation by the relevant state licensing board. A conviction often constitutes grounds for immediate suspension or permanent revocation of the professional license, effectively ending a career. We provide comprehensive defense that includes both the criminal court and the administrative licensing board hearing.
Our Comprehensive Approach to Prescription Fraud Defense
Defending a prescription fraud charge requires meticulous analysis of digital records, medical standards, and the defendant's mental state. We utilize our background as former prosecutors to challenge the State's narrative of fraudulent intent.
Attacking Fraudulent Intent
The core of the crime is the specific intent to defraud. We argue that the prosecution cannot prove you acted with fraudulent intent, claiming:
- Mistake of Fact: If you genuinely believed you were still experiencing pain, or that the prescription you possessed was valid, you lack the requisite criminal intent for fraud.
- Lack of Knowledge of Forgery: In forgery cases, we argue that you did not know the prescription was forged or altered; you were merely using what you believed was a legitimate order.
- Medical Necessity/Addiction Focus: In certain circumstances, we advocate for the client's underlying medical or addiction issues, arguing that the appropriate response is not incarceration but rather court-mandated diversion and treatment.
Challenging the Investigation and Evidence
We target the evidence used by the District Attorney and the Department of Consumer Affairs (DCA):
- CURES Database Review: California's CURES database tracks controlled substance prescriptions. We obtain and scrutinize this data, looking for inaccuracies or discrepancies that challenge the prosecution's claim of "doctor shopping."
- Illegal Search and Seizure: We challenge the legality of any search that led to the seizure of prescription medications or documentation, ensuring your Fourth Amendment rights were upheld.
- Expert Testimony: In cases involving medical professionals, we consult with medical experts to establish that the prescribing physician's conduct, while perhaps unconventional, fell within the broad "usual course of professional treatment" and did not rise to the level of criminal fraud.
Why Choose Our Prescription Fraud Defense Approach
Selecting the right drug crime defense attorney in Oakland can shape your entire case. Here’s what makes our approach strong and client-focused:
- More than 20 years defending Alameda County clients: Our local focus means we know the courts and the key players who shape your legal path.
- 24/7 availability and rapid response: When you call, we act quickly, offering same-day appointments for urgent concerns.
- Personal, attorney-led guidance: Attorney Demetrius Costy takes a hands-on approach with every client, ensuring your story is heard and your defense is personal—not just procedural.
- Free consultations in a judgment-free space: Discuss your situation in confidence. We listen and advise without assumptions or pressure.
- Meticulous review of police and pharmacy evidence: Our team examines each detail for errors, rights violations, or weaknesses the prosecution may overlook.
You deserve a defense that centers your voice and prepares you for every change in the process. That is the heart of our practice.
Clients turn to us because they value open and honest communication during every phase of their case. We provide transparent insights from the first consultation, including straightforward assessments of risks and opportunities. By earning your trust, we foster a supportive attorney-client relationship that helps you make informed decisions along the way.
How Our Prescription Fraud Attorneys Help You Navigate the Legal Process
We help you understand where you stand and what defense options are possible. Our team works closely with you to gather the right information, organize your defense, and explain what to expect from local authorities.
- Reviewing your story in detail: We learn about your background, circumstances, and what led to the charge.
- Examining evidence for errors or rights violations: Police and pharmacy reports sometimes contain mistakes or incomplete records. We look beneath the surface for anything that supports your defense.
- Preparing you for court: We walk you through what to expect, explain each stage, and answer your questions in plain language—not legal jargon.
- Exploring possible outcomes: Oakland courts may offer diversion or alternative programs in some cases. We discuss all your options, with your goals at the center.
No two cases are identical. Our years working with Alameda County prosecutors and judges allow us to develop realistic strategies for each client, tailored to your needs and situation.
The court’s approach varies depending on your prior history, circumstances surrounding the prescription, and how the authorities gathered the records. As your matter moves through the legal process, we adjust our guidance based on local courtroom expectations.
This means you get timely updates and explanations about court timelines, common motions, and what to expect in hearings and negotiations. Our attorneys focus on preparing you with the knowledge and options to make confident decisions.
Contact Our Prescription Fraud Attorney in Oakland Today
If you face prescription fraud accusations in Oakland or anywhere in Alameda County, you deserve prompt and direct support from attorneys who know local courts. Reach out to Demetrius Costy Law for a free, confidential consultation. You will receive immediate answers from a dedicated prescription fraud lawyer in Oakland who guides your defense from the first call.
We offer same-day appointments, and you can contact us online any time—day or night—to get the support you need right away. Call (510) 254-3945 now to schedule your consultation.
FAQs
What counts as prescription fraud under California law?
Prescription fraud covers forging, altering, or using a false prescription for controlled substances. It also includes obtaining medications under false identity or through misrepresentation.
Could a prescription fraud charge affect my job or professional license?
Yes, some employers or licensing boards may review your criminal record if charged or convicted of prescription fraud. Outcomes depend on your industry and the case’s specifics.
What happens at my first court appearance in Oakland?
Your first court appearance, known as arraignment, involves hearing the charges and entering a plea. The court may set bail or conditions for release at this stage.
Are there alternatives to jail if convicted or pleading guilty?
In some Alameda County cases, courts may consider drug treatment programs or diversion options, especially for first-time or low-level offenses. Each outcome depends on specific case details and court discretion.
Do I need a lawyer if I think the charge is minor?
Even what seems like a minor charge can bring significant long-term effects. A qualified lawyer helps you understand risks and advises you on the best way forward.
