Law Offices of Christie A. Leary P.C.

Fairfax/Manassas Criminal & Personal Injury Blog

Drug charges in Virginia are not simply related to those who are accused of selling them or using them. They can extend in a variety of different directions. One such direction is if they are acquired through the use of fraud, forgery or deceit. A person who is arrested for these acts might face serious consequences if there is a conviction. Understanding the law and how to formulate a defense against these accusations is imperative when trying to achieve a favorable result.

It is illegal for person to try and acquire any drug or procure the administration of a controlled substance or marijuana using the following: misrepresentation, deception or fraud; by forging or altering a prescription; concealing a material fact; or using a fake name or address. It is also illegal to provide false or fraudulent information, not to disclose information or make false statements on a prescription, record, report or another document. A person cannot represent him or herself as one who manufactures, is a pharmacist, a doctor or other medical professional to acquire a controlled substance or marijuana.

In addition, a person cannot use a forged or falsified prescription or written order to acquire controlled substances or marijuana. A person cannot place a false or forged label on a package that houses a controlled substance.

A person who is convicted of a violation under this law will be subjected to the penalties of a Class 6 felony. Depending on the circumstances and if the person was not previously convicted of drug crimes in Virginia or in the U.S., it is possible to be placed on probation. It is also possible that treatment can be ordered for the person in addition to the probation.

For some, the act of trying to acquire drugs by using the above methods is simply due to their addiction to controlled substances or prescription drugs. This must be considered when placed under arrest and there is the chance that the court will be understanding. Regardless of the situation, formulating a strong defense is key. Speaking to a lawyer who is experienced with a variety of drug offenses can help to craft that defense.

Source: law.lis.virginia.gov, "18.2-258.1. Obtaining drugs, procuring administration of controlled substances, etc., by fraud, deceit or forgery," accessed on Oct. 17, 2016

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