Prescription Fraud Defense in Lafayette

What Louisiana Considers Prescription Fraud

Louisiana Revised Statute 40:971 addresses several ways a person may allegedly obtain or attempt to obtain prescription medication unlawfully. Identifying the precise subsection matters because the required elements and potential consequences depend on the conduct the prosecution claims occurred.

Conduct addressed by La. R.S. 40:971 includes:

• Fraudulent acquisition of a prescription: Subsection (B)(1)(g) prohibits obtaining or attempting to obtain a prescription or prescription blank for a controlled dangerous substance or legend drug through fraud, theft, misrepresentation, deception, or subterfuge. A legend drug is medication that federal law requires to be dispensed by prescription.
• Undisclosed prescriptions from multiple practitioners: Subsection (B)(1)(i) prohibits seeking or obtaining regulated medication or a prescription from one practitioner while already receiving it from another practitioner without disclosing the existing prescription. This conduct is commonly called doctor shopping.
• Possession obtained through deception: Subsection (B)(1)(b) prohibits knowingly or intentionally obtaining possession of a regulated substance through misrepresentation, fraud, prescription forgery, deception, or subterfuge.

Under subsection (D), a practitioner may notify local law enforcement when the practitioner has a good-faith belief that someone obtained or attempted to obtain a fraudulent prescription for a controlled dangerous substance. Such a report may lead to a criminal investigation, but it doesn’t establish that every element of an offense can be proven.

Potential Consequences Under La. R.S. 40:971

The potential consequences of a prescription fraud allegation depend on the subsection involved. Penalty provisions that apply to one form of alleged conduct shouldn’t be assumed to govern every case.

Louisiana divides controlled dangerous substances into five drug schedules, which are legal categories used to classify regulated substances. The applicable charge and potential consequences depend on the specific conduct alleged and the statutory provision selected by the prosecution. The substance, evidence, and surrounding allegations must be reviewed before assessing a particular case.

Defense Issues in Lafayette Prescription Fraud Cases

Prescription fraud defenses depend on the facts. We examine the prosecution’s theory, the language of the charged subsection, and the evidence offered to establish each required element.

Potential issues that may require close analysis include:

• A valid prescription: Prescription records may be relevant to whether an allegation of unlawful acquisition or possession is supported.
• Knowledge and intent: When the state alleges that a person knowingly or intentionally obtained medication through fraud or deception, evidence of the person’s understanding and actions may be material.
• Entrapment: This defense may arise when law enforcement induced an offense that the person wasn’t otherwise predisposed to commit. Its availability depends on the investigation and the person’s conduct.

The Lafayette Parish Criminal Court Path

Criminal prosecutions in Lafayette Parish proceed through the 15th Judicial District Court, which has original jurisdiction over criminal matters in the parish. Depending on its posture and facts, a case may involve an investigation, court appearances, evidence review, motions, negotiations, or trial proceedings.

We explain each applicable stage and how the Louisiana statute relates to the allegations, keeping the defense focused on the evidence rather than assumptions about how the medication was obtained.