Defenses to Writing a False Prescription in California

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What is a False Prescription?

In California, a person can be accused of possessing a prescription drug without a valid prescription. Writing a false prescription involves pretending to have the authority to sign the prescription or obtaining a forged prescription.

Can I Use the Same Defenses as If I Was Fighting a Controlled Substance Possession Charge?

No. Defenses to a possessing a controlled substance are having a valid prescription or lack of knowledge about having the drugs. So these defenses won’t work against a writing a false prescription charge.

Can I Use The Defense that It Wasn’t My Signature?

Yes. One type of defense is that the defendant never signed the false prescription. A prosecutor has to prove that the defendant actually signed the false prescription, but if they fail to do that then the defendant may not be convicted.

What If I Thought I Had the Authority to Sign, Can I Use that as a Defense?

Yes. A defendant can claim they had the right to sign prescriptions in the past and didn’t know they no longer had the authority.

Are There Any Other Defenses I Can Use to Fight This Criminal Charge?

There are many other defenses. Some common defenses include:

Should I Talk to a Lawyer About my Case?

It’s in your best interest to talk to a criminal lawyer about the best defense you can use to defend yourself.

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Last Modified: 08-22-2016 02:19 PM PDT

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