Orlando-Tampa-Daytona Beach Prescription Drug Charges Attorneys
Florida is known throughout the nation as America's prescription drug capital. Recent news reports show that more than 80 percent of Oxycodone prescriptions — one of the nation's most addictive prescription painkillers — are filled in the state of Florida. Other prescription medications that are the subject of concern include codeine, Vicodin, Lortab, OxyContin, Percocet, Ritalin, Fentanyl, Roxicodone, Xanax, Valium, Lorazepam and Demerol.
While drug dealers used to sell illegal drugs on street corners, in apartment buildings and in hidden locations, prescription drug crimes are committed at a doctor's office, over the Internet or even in a strip-mall. To put a stop to prescription drug crimes, Florida now has some of the toughest drug laws in the country, with a special focus of Oxycodone charges and other common prescription drug offenses.
What Is Doctor Shopping?
Doctor shopping occurs when a person goes to several doctors to obtain multiple prescriptions, often overlapping, without informing the doctors that he or she already has an existing prescription. Specifically, the Florida Statute states that it is a crime:
To withhold information from a practitioner from whom the person seeks to obtain a controlled substance or a prescription for a controlled substance that the person making the request has received a controlled substance or a prescription for a controlled substance of like therapeutic use from another practitioner within the previous 30 days. [Florida Statute Section 893.13(7)(a)8].
Doctor shopping is a third degree felony in Florida, punishable by up to five years in state prison. If you are facing charged for doctor shopping, you will need a skilled criminal defense lawyer who is committed to protecting your rights. For a strong defense, contact the Law Offices of Mark L. Horwitz in Orlando, Florida.
Former Prosecutor | Board Certified Criminal Trial Lawyer
As a client of our firm, you can be confident that you will be represented by an experienced and skilled defense lawyer. Our criminal defense team offers more than 50 years of combined experience. Attorney Mark Horwitz is a former prosecutor and Board Certified Specialist in Criminal Trial Law*.
We will aggressively challenge the prosecution's case on your behalf. There are a number of defenses we may raise on your behalf:
- No proof of withholding information: The prosecutor must prove beyond a reasonable doubt that you failed to notify your doctor that you had received another prescription.
- Time defense: You must have failed to notify your doctor about a prescription that you received within the last 30 days.
- Like therapeutic use: You are not required to inform your doctor about all prescription medications, just those you recently received that are of "like therapeutic use." In some cases, there may be a gray area that we can exploit to your advantage.
- Constitutional violations: If the police have obtained evidence through an illegal search or seizure or by other unconstitutional means, we can seek the suppression of evidence obtained as a result of the search.
We can fight your charges at trial, or if you prefer we can negotiate with the prosecution to seek a favorable plea agreement on your behalf. Depending on the facts of your case, we may be able to use our knowledge of Florida pre-trial diversion programs, pre-trial intervention programs, drug court or other creative measures to help you minimize any negative consequences arising from a doctor shopping charge.
Contact Our Florida Drug Crimes Defense Attorneys
We defend clients throughout Florida who have been charged with drug crimes. To schedule a consultation with one of our Orlando doctor shopping defense attorneys, call 407-401-7224 or 866-784-0023. You may also contact us by e-mail.
*Board Certified Specialist in Criminal Trial Law, Florida Bar Board of Specialization and Education since 1988
*Board Certified in Criminal Trial Advocacy by the National Board of Trial Advocacy since 1983
