Prescription Fraud Defense in San Bernardino

Direct Attorney Representation for Prescription Charges

Dennis Kuntz personally handles each prescription fraud case and communicates directly with clients rather than delegating that responsibility to a paralegal. At Law Office of Dennis Kuntz, we defend people accused of obtaining controlled substances through deception or using forged or altered prescriptions in San Bernardino, California.

As a former public defender with more than a decade of criminal defense experience, Dennis Kuntz has handled thousands of cases. He gives each client individualized attention and carefully examines the facts, evidence, and legal issues involved.

Call (909) 200-4045 to request a free consultation about a prescription fraud allegation.

California Laws on Prescription Fraud & Forgery

California addresses prescription-related conduct under several statutes. Health and Safety Code 11173 focuses on obtaining controlled substances through fraud, while Health and Safety Code 11368 covers forged, fictitious, or altered prescriptions involving narcotic drugs.

Health & Safety Code 11173

Section 11173(a) prohibits obtaining or attempting to obtain a controlled substance through fraud, deceit, misrepresentation, subterfuge, or concealment of a material fact. It also applies to fraudulently procuring or attempting to procure the administration of a controlled substance or the issuance of a prescription.

The statute also prohibits false statements in prescriptions, orders, reports, or records. It can apply to assuming the identity of someone authorized to obtain controlled substances or placing a false or forged label on a package containing one.

Health & Safety Code 11368

Section 11368 prohibits forging or altering a prescription and issuing or using one bearing a forged or fictitious signature for a narcotic drug. It also covers obtaining or possessing a narcotic drug through a forged, fictitious, or altered prescription.

Under this law, “uttering” means using or attempting to use a forged or altered prescription while representing it as genuine. Allegations may involve changing a dosage or quantity, using another person’s identity, presenting a forged signature, or deceptively obtaining prescriptions from multiple practitioners, sometimes called doctor shopping.

Potential Penalties for Prescription Fraud in California

A violation of Section 11173 is a wobbler, meaning it may be prosecuted as either a misdemeanor or a felony. The filing decision and potential sentence depend on the alleged conduct, available evidence, criminal history, and statutes charged.

Possible consequences include:

• Misdemeanor violation of Section 11173: Up to one year in county jail and a possible fine
• Felony violation of Section 11173: Potential county jail or state prison time and a fine, depending on the applicable sentencing law
• Violation of Section 11368: Six months to one year in county jail or imprisonment in state prison

These statutory ranges don’t determine the outcome of an individual case. The alleged act, the prosecution’s ability to prove each element, prior history, and other case-specific circumstances can affect the available resolutions.

Evidence & Intent in Prescription Fraud Cases

A prescription fraud charge requires evidence that the accused used fraud, deceit, misrepresentation, subterfuge, or concealment of a material fact. Suspicious circumstances alone don’t remove the prosecution’s obligation to prove the offense beyond a reasonable doubt.

For a forged prescription allegation, the evidence must connect the accused to conduct covered by the statute. This may include creating, altering, issuing, using, obtaining, or possessing the prescription or narcotic drug at issue.

Our evidence review may address:

• Whether the prescription was forged, fictitious, or altered
• Whether the accused knew about an alteration or forged signature
• Whether records reliably connect the accused to the alleged conduct
• Whether an identification was complete and reliable
• Whether statements were voluntary and lawfully obtained
• Whether officers conducted a lawful search or seizure

Coerced statements, incomplete records, unreliable identification, or unlawfully obtained evidence can weaken the prosecution’s case. We challenge unlawful searches and mishandled evidence in drug crime matters and represent clients facing state and federal criminal charges.

The Criminal Court Process in San Bernardino

A prescription fraud case typically begins with an arrest or citation, followed by booking and arraignment. At the arraignment, the accused is informed of the charges and enters an initial plea. Felony and misdemeanor arraignments in the San Bernardino District may take place at the San Bernardino Justice Center.

State charges are heard in the Superior Court of California, County of San Bernardino. Federal allegations may proceed in the United States District Court for the Central District of California. The proper forum depends on the investigating agencies, alleged conduct, and charges filed.

After arraignment, proceedings may include bail or release determinations, evidence review, plea negotiations, hearings, and trial. The sequence and timeline vary. At each stage, we examine the charging documents, prescription and pharmacy records, statements, and other available evidence to identify the issues that require attention.

Discuss the Allegation Directly with Dennis Kuntz

We offer free consultations to discuss the charge, court status, and immediate concerns without a consultation fee. Dennis Kuntz personally manages each case, so you communicate directly with the attorney responsible for your defense.

Consultations may also be requested through our contact form. A citation, release paperwork, charging document, or court notice can help us understand the case’s current posture.

Call (909) 200-4045 today to request your free prescription fraud defense consultation.