Prescription Fraud Attorney in Draper
Navigating Prescription Fraud Charges in Draper With Confidence
Prescription fraud charges can put your career, reputation, and future at risk. At Askar Law PLLC, we recognize how overwhelming these allegations feel—especially for professionals whose lives may change overnight.
Using years of experience in Utah criminal courts, we provide clear direction, strategic advocacy, and reliable support from your first consultation through every step of your case.
Many clients in Draper face prescription fraud charges for the first time and feel unsure about the legal process or what steps to take to protect themselves. Our team understands the Draper legal landscape and can help you see what is at stake, as well as how local court expectations may influence your case.
Contact an experienced prescription fraud attorney in Draper immediately. Call (801) 761-4671 or reach out online for your confidential, cost-free consultation.
Understanding Utah's Prescription Fraud Laws (Utah Code § 58-37-8)
In Utah, the statute governing Prescription Fraud broadly criminalizes the unlawful procurement of controlled substances. This is distinct from simple possession and is often charged as a felony offense.
Types of Unlawful Acts Constituting Prescription Fraud
Under Utah Code Ann. § 58-37-8(2), Prescription Fraud can be committed in several ways. As your dedicated Draper prescription fraud lawyer, we defend against allegations including:
- Obtaining by Deceit: Acquiring or attempting to acquire a controlled substance by fraud, deceit, misrepresentation, or subterfuge. This often covers "doctor shopping," where a person withholds information about other prescriptions they have received from different practitioners.
- Concealment of Material Fact: Obtaining drugs by concealment of a material fact (such as failing to disclose prior prescriptions).
- Possessing/Using Forged Prescriptions: Knowingly and intentionally possessing, using, or dispensing an altered or forged prescription or written order for a controlled substance.
- Impersonation: Falsely assuming the title of, or impersonating, a medical practitioner or authorized agent to obtain drugs.
- Altering Prescriptions: Illegally changing the quantity or type of drug on an existing, valid prescription.
The severity of the penalty is linked to the drug schedule (Schedule I and II drugs often lead to higher-degree felonies).
Key Elements the Prosecution Must Prove
To secure a conviction for Prescription Fraud in Utah, the prosecutor must prove that the defendant acted knowingly and intentionally with the purpose of deception. We focus our defense on undermining the proof of this mental state.
The key elements the prosecution must establish beyond a reasonable doubt are:
- Possession/Attempted Possession: The defendant must have possessed or attempted to procure the controlled substance.
- Use of Unlawful Means: The act was committed using one of the prohibited means: fraud, deceit, forgery, misrepresentation, or concealment of a material fact.
- Knowledge and Intent to Deceive: The defendant must have acted knowingly and intentionally with the specific purpose of obtaining the drug unlawfully. For example, if the charge is "doctor shopping," the State must prove the defendant knew they were concealing material facts to procure a duplicate prescription.
As a highly capable prescription fraud attorney in Draper, we argue that any misrepresentation was unintentional, based on a mistake of fact, or was the result of impaired judgment due to addiction, not criminal enterprise.
Why Work With a Prescription Fraud Lawyer in Draper
When you face prescription fraud allegations, you need more than a general criminal defense attorney. You need a prescription fraud lawyer in Draper who understands Utah law as well as the unique procedures in Salt Lake County and local courts.
Our firm offers proven courtroom experience, including time on both the prosecution and defense sides. This dual perspective helps us examine your case from every possible angle, detecting weaknesses in the state's arguments while emphasizing your strengths.
- Local insight: We know how courts in Draper and Downtown Salt Lake handle prescription fraud cases—our knowledge shapes a stronger, more tailored defense from the outset.
- Personal guidance: Clients work directly with our founder and receive personal communication by call and text, so you are never left feeling lost or uninformed during your legal process.
- Clear communication: We keep you updated at every step, providing transparent information on developments, timelines, and our evolving strategy.
- Straightforward fees: Flat-fee billing means you can budget effectively, knowing there are no unpredictable charges throughout your case.
- Bilingual support: We serve clients in both English and Spanish across Draper and greater Salt Lake County, ensuring clear and accessible communication for every client.
Utah’s legal community values attorneys who understand the regional courts and maintain strong, respectful relationships with local judges and prosecutors. Our hands-on experience with Draper cases gives you an informed strategy and practical guidance tailored to local judicial expectations.
Call (801) 761-4671 or reach out online today and let us help you protect what matters most.
Penalties of a Prescription Fraud Conviction in Utah
In Utah, Prescription Fraud is typically charged as a felony, resulting in severe penalties that require an aggressive defense strategy from a Draper prescription fraud lawyer.
Direct Penalties (Utah Code § 58-37-8)
The severity depends on the number of prior offenses and the drug schedule:
- Third-Degree Felony (Common Offense Grade): Punishable by up to five years in state prison and a maximum fine of $5,000.
- Second-Degree Felony (Aggravated or Repeat Offenses): Punishable by up to 15 years in state prison and a maximum fine of $10,000.
- Misdemeanor: A first or second conviction for possessing a forged prescription is often charged as a Class B or Class A Misdemeanor, carrying up to six months or one year in jail, respectively.
Collateral Consequences
The secondary penalties of a conviction are life-altering:
- Driver's License Suspension: A six-month suspension of your driver's license, even if no vehicle was involved in the offense.
- Professional Licensing: Suspension or revocation of professional licenses for doctors, nurses, pharmacists, and other healthcare professionals.
- Felony Record: Permanent difficulty securing employment, housing, or educational opportunities.
- Drug Court/Treatment: Mandatory enrollment in substance abuse treatment programs and supervision, even if incarceration is avoided.
Why Choose Askar Law PLLC? Our Commitment to Excellence & Justice
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Proven ResultsOur criminal defense attorneys have a history of achieving successful outcomes for our clients, utilizing their extensive knowledge and strategic approach to navigate complex legal challenges effectively.
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Aggressive AdvocacyCommitted to fighting for your freedom, our attorneys employ aggressive defense tactics and thorough case investigation to challenge the prosecution's evidence and secure favorable results.
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Personalized AttentionWe understand that every case is unique. Our team offers personalized attention and tailored defense strategies to address your specific legal needs and achieve the best possible outcome.
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Expert Legal DefenseWith years of experience and a track record of success, our dedicated criminal defense attorneys provide expert legal representation to ensure your rights are protected.
The Utah Criminal Defense Process for Prescription Fraud
Successfully defending against Prescription Fraud requires a detailed analysis of medical records, pharmacy logs, and police procedures in Summit County and the surrounding Draper area.
- Immediate Case Review: We immediately begin the process of subpoenaing the relevant medical and pharmacy records to trace the prescription history and identify inconsistencies in the prosecution's timeline.
- Challenging the Arrest: As your prescription fraud attorney in Draper, we challenge the legality of any searches or seizures that led to the discovery of the fraudulent prescription or the controlled substances.
- Attacking Intent: We file motions and prepare arguments focused on the lack of specific criminal intent to deceive. We argue that the actions were the product of addiction or mental strain, which mitigates the criminal element.
- Drug Court and Diversion: Utah prioritizes rehabilitation for many non-violent drug crimes. We aggressively seek to have the case moved to a specialized Drug Court or Mental Health Court, which often results in dismissal or reduced charges upon successful completion of a treatment program.
- Plea Negotiation: Leveraging the possibility of treatment and rehabilitation, we negotiate with the prosecutor for a reduction to a misdemeanor or a plea in abeyance (a mechanism where the plea is withdrawn and the case is dismissed after probation).
Our Comprehensive Approach to Prescription Fraud Defense
At Askar Law PLLC, we deploy a compassionate yet firm strategy designed to fight the felony charge while addressing the underlying issues that often lead to Prescription Fraud.
Our commitment to affordable services and free consultations sets us apart. This ensures that financial hardship does not prevent you from accessing the specialized legal help you need to fight these serious drug charges.
Defense strategies we utilize as a leading Draper prescription fraud lawyer:
- Challenging the Forgery: Retaining handwriting or document experts to dispute the validity of the alleged forgery on a written prescription.
- Lack of Knowledge Defense: Arguing that the client was unaware they were concealing a "material fact" or that they did not knowingly possess an altered prescription (e.g., they were filling the prescription for a third party and were unaware of the fraud).
- Medical Necessity/Addiction Mitigation: While addiction is not a direct legal defense to the crime, we use evidence of addiction and commitment to treatment to secure mitigation and placement in Drug Court, often avoiding incarceration.
- Challenging Constructive Possession: For drugs found in a shared location, we argue the State cannot prove the client had exclusive control over the drugs.
Our Approach to Prescription Fraud Defense in Draper
We treat every client as a unique individual, listening to your circumstances and tailoring every step to your situation. Our approach focuses on protecting your priorities—your professional license, reputation, privacy, and peace of mind. Here is what you can expect when you engage our services:
- Reviewing every detail: We listen to your account, examine all evidence, and develop a plan based on every fact of your case.
- Personalized strategy: We consider both the legal and real-life effects of your case, ensuring you understand your options and possible outcomes.
- Leveraging local knowledge: Our familiarity with Draper-area prosecutors and judges lets us anticipate challenges and adjust our plan to best protect your future.
Throughout your case, you have direct access to our founder for questions and updates, and you can expect honest, thorough communication designed to reduce anxiety and build trust. We want you to feel supported at all times, whether you are in court or dealing with concerns at work or at home.
When you choose Askar Law PLLC, you get a defense approach developed through years of advocacy in Draper and Salt Lake County courtrooms. We adapt our strategy for each client, drawing on our knowledge of local court customs, Utah statutes, and the unique priorities of prosecutors in this region. Our broad approach makes sure you are supported, not just in criminal court, but also as you address side issues such as professional discipline or licensing concerns. With us, you never navigate these complex issues alone.
Contact a Prescription Fraud Attorney in Draper for Trusted Guidance
Working with a prescription fraud lawyer in Draper means you benefit from practical support by someone who understands professional pressures, the unique pace of Utah courts, and the details that matter in your case. We strive to keep you informed, confident, and prepared each step of the way—reflecting our ongoing commitment to service and our respect for the serious impact a criminal charge can have.
Protect your future and your freedom from a Prescription Fraud conviction. Choose Askar Law PLLC. Secure your advocate now. Contact (801) 761-4671 or fill out our contact form for immediate assistance.