Prescription Fraud Attorney in Walnut Creek
Focused Defense For Prescription Fraud Charges in Contra Costa County
Being accused of misusing or falsifying a prescription can change your life overnight. An arrest or investigation for prescription fraud can threaten your job, your professional license, and your reputation, especially if you live or work in Contra Costa County. It is normal to feel scared and uncertain about what will happen in court.
Thomas Daly Law, A Professional Corporation is a criminal defense law office based in Walnut Creek that represents people facing serious charges throughout Contra Costa County. Thomas Daly defends clients in prescription and other drug related cases with personal attention and modern defense strategies. He appears regularly in local courts and works to protect each client’s rights, privacy, and future.
If you are under investigation or have already been charged, contacting a knowledgeable defense lawyer early can make a real difference in how your case moves forward. Thomas Daly strives to guide clients through every step. Call now - (925) 208-4801
Understanding Prescription Fraud Laws in California
California maintains several complex statutes to regulate the distribution of controlled substances. Prescription fraud is a broad term that encompasses various illegal acts aimed at obtaining medication through dishonest means. The two most common statutes used by prosecutors in Walnut Creek are:
Health and Safety Code 11173 (Doctor Shopping)
This law prohibits obtaining or attempting to obtain controlled substances through fraud, deceit, misrepresentation, or the concealment of a material fact. The most frequent application is "doctor shopping," where an individual visits multiple physicians to secure multiple prescriptions for the same ailment without disclosing the other providers. It also covers:
- Falsely assuming the identity of a medical professional.
- Affixing a false label to a drug package.
- Making false statements on a prescription or medical record.
Business and Professions Code 4324 (Prescription Forgery)
This statute specifically targets the act of forging or altering a prescription. It is a crime to sign someone else’s name (real or fictitious) to a prescription or to falsely make, alter, or pass a forged prescription as genuine. This includes changing the dosage on a legitimate script or stealing a physician's prescription pad to write unauthorized orders.
While related to drug possession, these charges focus on the act of deception used to get the drugs. Because these substances—such as Oxycontin, Adderall, or Xanax—are highly regulated, the state of California treats the subversion of the medical system as a major breach of public safety.
Penalties of Prescription Fraud Convictions in Walnut Creek
In California, most prescription fraud offenses are "wobblers." This means the prosecutor has the discretion to charge the crime as either a misdemeanor or a felony, depending on the volume of drugs involved and your prior criminal history.
Criminal Penalties
- Misdemeanor Conviction: This can result in up to one year in county jail and a maximum fine of $1,000.
- Felony Conviction: This is much more serious, carrying a potential sentence of 16 months, two years, or three years in state prison, along with fines that can reach $20,000.
The collateral consequences are often what clients fear most. A conviction for a prescription related offense can affect professional licenses, particularly in healthcare and other regulated fields. Licensing boards may open their own investigations or take disciplinary action, which can threaten a person’s ability to work. Noncitizens can face immigration consequences, and many people worry about future background checks for employment, housing, or education.
Because of these risks, having a lawyer who is attentive to the broader picture can be very important. Thomas Daly works to understand how a potential conviction or plea might affect a client’s career, family responsibilities, and long term goals. That awareness can be useful when evaluating offers from the prosecution or advocating for alternatives that may limit lasting damage whenever the law allows.
What To Do If You Are Accused
If you are accused of a prescription-related offense, it can be stressful and confusing, and you may feel pressure to explain yourself immediately. Speaking without legal guidance can unintentionally create problems later. Consulting a criminal defense lawyer early helps you protect your rights and decide what information should be shared with law enforcement or investigators.
- Speak with a lawyer before answering detailed questions; provide only basic identifying information initially.
- Keep records of prescriptions, pharmacy labels, and doctor visit summaries for evidence review.
- Avoid discussing the case on social media or with anyone not directly involved.
- Attend court dates on time and dress appropriately to show respect for the process.
- Schedule a confidential consultation with Thomas Daly to review the charges and plan next steps.
How A Local Walnut Creek Prescription Fraud Lawyer Can Help
A local defense lawyer can help you navigate the fast-moving criminal process in Contra Costa County. Thomas Daly focuses on criminal defense, including prescription fraud and drug-related cases, and can review police reports, pharmacy records, and medical documentation to identify gaps or inconsistencies that may support a defense. His experience allows him to respond thoughtfully and build strategies tailored to each client’s situation.
Because he regularly appears in Martinez and other county courts, Daly understands local procedures, including arraignments, pretrial conferences, and diversion programs. He communicates clearly with clients, explaining each stage of the process and what to expect. By considering personal circumstances like health, family, and work, he provides individualized defense strategies that address both legal and real-life concerns.
Thomas Daly does not believe in a one-size-fits-all defense. He examines the specific circumstances of your arrest to build a narrative that humanizes you to the court. His firm’s methodology includes:
- Challenging the Search: If the evidence was obtained through an illegal search of your car or a warrantless search of your medical records, he will file a motion to suppress that evidence, which can lead to the entire case being dropped.
- Proving Lack of Knowledge: In many cases, individuals are accused of "passing" a forged script they didn't create. He works to prove his clients were unwitting participants.
- Negotiating for Reduced Charges: If the evidence is strong, he uses his local reputation to negotiate a "wobbler" down from a felony to a misdemeanor, or seeks a "deferred entry of judgment" to keep your record clean.
- Focusing on Treatment: For clients struggling with dependency, he presents the court with a proactive treatment plan. Judges are often more inclined to be lenient when a defendant is actively seeking help rather than being forced into it.
Why Choose Thomas Daly For Prescription Cases
Someone accused of prescription related fraud needs more than general criminal defense information. They need a lawyer who knows the local courts, understands how these cases are charged, and is willing to study the details of their medical and personal history. Thomas Daly offers that level of direct, one-on-one representation.
As a criminal defense lawyer based in Walnut Creek, Thomas Daly regularly appears in Contra Costa County courthouses, including the main courthouse in Martinez and the courts in Richmond and Pittsburg. This familiarity with local judges, prosecutors, and procedures can inform how he approaches prescription fraud cases, from early negotiations to hearings. He understands how these offices typically evaluate allegations involving controlled substance prescriptions and pharmacy records.
Clients do not get passed from one attorney to another. Instead, Thomas Daly takes time to learn what led to the accusations, which prescriptions were involved, and what goals matter most, such as protecting a professional license, immigration status, or employment. He then works to build a defense strategy that reflects those priorities, rather than relying on a one size fits all approach.
Talk With A Local Defense Lawyer Today
Thomas Daly provides one-on-one representation to people facing prescription related charges and other criminal accusations that affect their future. He works to protect client rights, safeguard privacy, and guide each person through the court process step by step. A confidential consultation is an opportunity to ask questions and receive informed guidance about your next moves.
To discuss your situation with an experienced prescription fraud lawyer in Walnut Creek, call (925) 208-4801 or reach out online now.
Frequently Asked Questions
Will I go to jail for prescription fraud?
Not every prescription fraud case results in jail time, but custody is possible. Outcomes depend on the specific charge, your prior record, and how the case is resolved. A lawyer can explain the range of potential consequences in your situation and work to pursue options that may limit incarceration.
How can a lawyer help with my prescription case?
A lawyer reviews the allegations, analyzes prescriptions and pharmacy records, and evaluates how law enforcement handled the investigation. In Contra Costa County courts, counsel can speak on your behalf, protect your rights, and negotiate with prosecutors. The goal is to pursue the most favorable outcome that the circumstances allow.
Will my employer or licensing board find out?
Some employers and licensing boards learn about criminal cases through background checks, reporting rules, or public records. Whether that happens depends on your field and the status of the case. Thomas Daly can discuss privacy concerns with you and help you understand what obligations you may have to report.
When should I contact a prescription fraud lawyer?
It is usually best to speak with a lawyer as soon as you know about an investigation or charge. Early advice can help you avoid statements that may be misunderstood and can influence how the case is approached. You do not have to wait until your first court date to seek guidance.
Are prescription fraud charges handled in local courts?
Charges arising from arrests in this area are typically filed in Contra Costa County courts, often at the courthouse in Martinez. The exact courtroom and calendar depend on the specific charge. Working with a lawyer who practices regularly in these courts can help you understand what to expect at each appearance.