I'm Charged With What? - A Salt Lake City Criminal Defense Lawyer Explains The Law You've Been

By Author: Jai Prakash Srivastava
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Some crimes are straight forward, like speeding. More often, the law is difficult to understand. As a Salt Lake City Criminal Defense Lawyer, I've gone to law school and deal with the criminal code every day. I'm going to show you how to understand the law you've been charged with violating.
Code
The law is made of statutes. These statutes, or code, are made up of elements. If the government fails to prove just one of the elements, its entire case is lost. As a Salt Lake City Criminal Defense Lawyer, I've had clients charged with doctor shopping. The actual code reads:
It is unlawful for any person knowingly and intentionally to acquire or obtain possession of, to procure or attempt to procure the administration of, to obtain a prescription for, to prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or to procure the administration of any controlled substance by misrepresentation or failure by the person to disclose his receiving any controlled substance from another source, fraud, forgery, deception, subterfuge, alteration of a prescription or written order for a ...
... controlled substance, or the use of a false name or address;
This statute seems very complex! But let's break it down into individual sections: (1) It is unlawful for any person knowingly and intentionally to Most code begins just like this. A Salt Lake City Criminal Defense Lawyer understands that the key word here in intentionally. The government must prove your intended to do the crime. If you committed the acts prohibited in the code but did so by accident or mistake, you have not committed a crime.
Next: (2) acquire or obtain possession of, to procure or attempt to procure the administration of, to obtain a prescription for, to prescribe or dispense to any person known to be attempting to acquire or obtain possession of, or to procure the administration of any controlled substance The important phrases here are obtain possession, obtain a prescription for and procure the administration of. A Salt Lake City Criminal Defense Lawyer knows that often code uses language that seems redundant, but cuts through to the meaning. What this code is saying is receiving drugs, receiving a prescription for drugs, or having a doctor give you drugs during a doctor visit are all equal.
Next: (3) by misrepresentation or failure by the person to disclose his receiving any controlled substance from another source A good Salt Lake City Criminal Defense Lawyer understands the nuance of this code. What this section is saying is that you cannot misrepresent any fact that was material to getting a prescription. For example, you cannot claim to have a bad back just to get pain meds. Also, you cannot withhold that have already received a prescription for the drug you are seeking.
**Subjective Interpretation** I would interpret this code as only requiring you to answer any questions about current prescriptions honestly; if a doctor fails to ask you about your prescriptions, you have no duty to tell him yourself. I'm sure the government disagrees.
Last: (3) fraud, forgery, deception, subterfuge, alteration of a prescription or written order for a controlled substance, or the use of a false name or address. Again, a Salt Lake City Criminal Defense Lawyer sees through the redundancy. This section merely makes it a crime to forge or alter a prescription, or use other false information. For example, you cannot ad a 0 onto the number of pills you are supposed to receive. Also you cannot get a prescription under a fake name.
In sum, to show you broke this law, the government would have to prove that: (1) You (2) intentionally (3) got drugs, or a prescription for drugs, or were given drugs at a doctor visit (4) by telling a doctor (5) you had an ailment you didn't have, or that you already had a prescription for drugs (6) or you forged a prescription.
If the government fails to prove even one of these elements, you win. Ask a Salt Lake City Criminal Defense Lawyer for legal advice regarding your specific drug case.

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