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Prescription Fraud

Prescription Fraud Attorney in San Antonio

Defend Your Future with Trusted Legal Guidance

If you or someone you care about faces prescription fraud charges in San Antonio, quick action makes a real impact. Texas law treats prescription-related offenses with serious consequences, and moving fast to protect your rights is vital. 

At The Locke Law Group, we help people facing allegations of prescription fraud regain control by providing respectful, resourceful, and proactive representation. Our guidance brings clarity to a complex process, offering strong support when you need it most.

Many individuals encountering criminal charges for the first time feel anxious and uncertain. Prescription fraud cases move rapidly in Bexar County courts, so working with a prescription fraud attorney in San Antonio early on can influence the outcome of your case.

Fight the felony threat of prescription fraud. Call a prescription fraud attorney in San Antonio at (210) 361-3113 or contact us online now for 24/7 availability and a free consultation. We offer payment plans.

Understanding Prescription Fraud Laws in Texas

Prescription fraud is defined under the Texas Controlled Substances Act as knowingly or intentionally obtaining, or attempting to obtain, a controlled substance or an increased quantity of a controlled substance by deception or misrepresentation. This drug offense targets the deceptive action used to secure powerful, often addictive, medications.

The penalty for the offense is determined by the Schedule of the drug involved, which dictates whether the charge is a Second-Degree Felony, Third-Degree Felony, or a Class A Misdemeanor. As a dedicated prescription fraud attorney in San Antonio, we analyze the drug classification in every case to determine the client's true punishment exposure.

Common Methods of Prescription Fraud Prosecuted

Our firm defends clients against all forms of prescription fraud prosecuted in Bexar County, including:

  • Forgery or Alteration: Issuing a prescription bearing a forged or fictitious signature, or altering the quantity, dosage, or refill instructions on an otherwise valid prescription.
  • Misrepresentation/Subterfuge: Lying to a physician about symptoms or medical history to secure a prescription for personal use or sale.
  • Doctor Shopping: Obtaining or attempting to obtain a controlled substance from multiple practitioners without informing each one of the existing prescriptions from the others.
  • Impersonation: Posing as medical staff to call a false prescription into a pharmacy.
  • Fraudulent Forms: Possessing or using a fraudulent prescription form.

The law is deliberately broad, meaning that even minor instances of misrepresentation can be treated as serious felonies under Texas law.

Penalties and Felony Sentencing for Prescription Fraud in Texas

The penalties for prescription fraud are harsh, tied directly to the federal drug schedules of the controlled substance involved. Our firm is committed to defending clients against these severe sentencing guidelines.

Direct Felony Penalties

  • Schedule I or II Drug: (e.g., Oxycodone, Fentanyl, Morphine): This offense is classified as a Second-Degree Felony, punishable by 2 to 20 years in state prison and a fine up to $10,000.
  • Schedule III or IV Drug: (e.g., Xanax, Valium, Codeine, Alprazolam): This offense is classified as a Third-Degree Felony, punishable by 2 to 10 years in state prison and a fine up to $10,000.
  • Schedule V Drug: This is typically a Class A Misdemeanor, punishable by up to one year in jail and a fine up to $4,000.

Collateral Consequences

A felony conviction for prescription fraud carries devastating, life-long consequences that we fight to prevent:

  • Professional Licensing: Healthcare professionals (nurses, doctors, pharmacists, dentists) face mandatory investigation by their respective state licensing boards, almost certainly leading to license suspension or revocation.
  • Permanent Record: Loss of the right to vote and own a firearm, and severe restriction on employment, housing, and educational opportunities.
  • Federal Prosecution: Because the drugs are scheduled federally, these cases can sometimes lead to federal charges, which carry even stricter penalties.

We provide the sophisticated defense required to navigate the local and state enforcement landscape, protecting clients from the maximum penalty exposure for prescription fraud cases.

Our Comprehensive Approach to Prescription Fraud Defense

At The Locke Law Group, we build a defense strategy focused on your health, your rights, and the legal definition of criminal intent. We utilize the following tactics to secure the best possible outcome for our clients:

  • The Lack of Criminal Intent Defense: We gather comprehensive medical and mental health records to show that the client's actions were driven by addiction, desperation, or pain—factors that, while problematic, often undermine the prosecution's burden to prove a knowing and intentional scheme to defraud.
  • Challenging the Drug Schedule: We verify that the controlled substance was correctly scheduled. A successful challenge that moves the drug to a lower schedule (e.g., from Schedule II to Schedule III) can instantly reduce the charge from a Second-Degree Felony to a Third-Degree Felony, significantly lowering the minimum prison exposure for the prescription fraud attorney in San Antonio case.
  • The Entrapment/Unlawful Sting Defense: In cases involving police surveillance, we scrutinize the actions of law enforcement. If investigators used overly coercive or manipulative tactics that induced the client to commit a crime they would not have otherwise committed, we assert an entrapment defense.
  • Bilingual Client Advocacy: Our firm offers bilingual services in English and Spanish, ensuring that communication is clear, open, and that every detail of your case is understood, both by you and by our firm.

Why Clients Choose Our Prescription Fraud Lawyers

Choosing the right legal team shapes your experience and can affect the outcome of your case. Our office offers more than 50 years of combined legal experience, led by Shannon Locke—Board Certified in Criminal Law by the Texas Board of Legal Specialization. 

Our backgrounds as a former state prosecutor and a former San Antonio police officer give us firsthand knowledge of how law enforcement and prosecutors approach prescription fraud cases. We use that experience to defend your rights and develop an informed defense that fits your situation.

  • Board Certification in Criminal Law: Recognized by the Texas Board of Legal Specialization, reflecting demonstrated knowledge in criminal cases.
  • Experience on Both Sides: Our team draws from years as prosecutor and defense attorney, providing valuable insight into legal strategies and court procedures.
  • Bilingual Client Support: Our bilingual team communicates with clients in English and Spanish, ensuring you are understood and supported at every stage.
  • Prompt, Ongoing Communication: We prioritize responsive, transparent updates, making sure every question is answered along the way.
  • Flexible Payment Options: Payment plans that meet diverse financial needs, so you can move forward without added worry.

We approach each prescription fraud case with diligence and careful attention to detail, looking for evidence and context that others may overlook. Our experience with individuals throughout the San Antonio area gives us a unique understanding of what local clients need most—clear answers, open communication, and genuine support. We believe you deserve to have your voice heard and your concerns addressed by a knowledgeable prescription fraud lawyer in San Antonio who will stand by your side.

How Our Prescription Fraud Attorneys in San Antonio Guide & Support Our Clients

Everyone deserves a defense strategy tailored to their specific situation. At The Locke Law Group, we start with a thorough, confidential review of your circumstances. Our team communicates clearly, provides logical advice, and advocates for you at every phase—from investigation to case resolution—so you always know where your case stands.

  • Initial Consultation: We discuss your background, the charges, and your most urgent questions during our first meeting. Our goal is for you to leave that conversation with a clearer sense of your options and next steps.
  • Case Analysis: We review police reports, medical records, and the circumstances of your arrest to confirm your rights were respected and to spot areas for further investigation.
  • Investigation & Preparation: We look for potential defenses or weaknesses in the allegations, ensuring any strategy is customized to your circumstances.
  • Open Communication: Our team provides regular updates, welcomes your questions, and remains accessible day or night, every step of the way.
  • Customized Defense: Every approach is adjusted for your unique needs, whether the accusations involve addiction, misunderstanding, or legal issues.
  • Bilingual Advocacy: We work with clients in both English and Spanish, helping bridge communication and cultural gaps in the legal process.

Take the Next Step—Contact Our Prescription Fraud Attorneys in San Antonio

When prescription fraud charges threaten your future, acting quickly can protect your legal rights and help you feel informed. Contact The Locke Law Group to speak directly with a team who will listen, communicate clearly, and provide honest answers about your situation. Our bilingual attorneys offer flexible payment options, confidential consultations, and guidance grounded in decades of experience in San Antonio and Bexar County courts. 

Call (210) 361-3113 or reach out online to arrange your consultation and take control of your future, starting today.

FAQs

What are common examples of prescription fraud charges in Texas?

Examples include forging or altering prescriptions, using a false identity to obtain medication, doctor shopping, and possessing medication obtained through misrepresentation or fraud.

Could a conviction for prescription fraud affect my record?

Yes, conviction can result in a permanent criminal record, which may affect employment, professional licenses, and future opportunities.

How do Texas laws treat prescription fraud accusations?

Most prescription fraud offenses are considered felonies under Texas law and are handled with significant attention from prosecutors, especially in major cities like San Antonio.

Should I speak to law enforcement if accused of prescription fraud?

Anyone facing criminal accusations should seek legal advice before speaking with law enforcement to avoid self-incrimination or misunderstanding their rights and options.

What should I do if I was charged after picking up someone else’s prescription?

Accidentally or unknowingly collecting medication for another person can still lead to serious charges. Consult with a legal professional who can assess your situation and guide you through the next steps.

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