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:
- The defendant actually had the authority to write or sign the prescription.
- The prescription may have been altered or forged, but the defendant did not alter or forge it.
- The prescription used was not forged.
Should I Talk to a Lawyer About my Case?
It’s in your best interest to talk to a California criminal lawyer about the best defense you can use to defend yourself.