Prescription Fraud Attorney in Newport News
Facing Prescription Fraud Charges? Get Guidance & Support from a Newport News Lawyer
If you or a loved one faces a prescription fraud charge in Newport News, you deserve clear answers and respectful guidance. Prescription drug fraud cases move quickly in the Virginia legal system. At Ehrenworth Law, PLLC, we bring decades of courtroom experience as a prescription fraud attorney in Newport News, providing direct counsel and steady support when you need it most.
Most clients feel overwhelmed at the start. A prescription fraud accusation often comes as a shock, raising questions about what happens next and how to respond. We help clients in facing criminal charges in Newport News, helping them understand the process, the local impact, and what matters most to judges and prosecutors here.
We are former prosecutors ready to defend you. Schedule your free consultation with a proven prescription fraud attorney in Newport News by calling (757) 663-4477 or contacting us online today.
Understanding Prescription Fraud Laws in Virginia (VA Code § 18.2-258.1)
In Virginia, the crime of prescription fraud is broadly defined under Code of Virginia § 18.2-258.1, which makes it unlawful to obtain or attempt to obtain any drug, controlled substance, or marijuana by deceptive means. The law covers a wide range of actions that circumvent the proper medical process for acquiring medication.
The statute defines the unlawful act by several methods, which your Newport News prescription fraud lawyer will categorize and defend against:
- Fraud, Deceit, or Misrepresentation: Using dishonest statements or actions to trick a medical professional or pharmacist.
- Forgery or Alteration: Making or using a forged prescription or written order, or altering a legitimate prescription (e.g., changing the dose or quantity).
- Concealment of Material Fact: Deliberately withholding crucial information, such as failing to disclose that you are already receiving the same prescription from a different doctor (often known as "doctor shopping").
- False Identity: Falsely assuming the title of a medical professional (physician, pharmacist, etc.) or using a false name or address for the purpose of obtaining controlled substances.
Common drugs involved in these offenses include highly addictive opioids like Oxycodone, Hydrocodone, and Fentanyl, as well as sedatives like Xanax and stimulants like Adderall. The nature and scheduling of the drug heavily influence the prosecution's approach.
Our Comprehensive Approach to Prescription Fraud Defense
At Ehrenworth Law, PLLC, our defense is rooted in our experience on both sides of the courtroom. When you hire us, your Newport News prescription fraud lawyer uses our insider knowledge to build a defense that is strategic, aggressive, and highly effective.
Our tailored defense strategies often include:
- Challenging the Chain of Evidence: We investigate whether the physical prescription, drug samples, or digital records were handled, stored, or transported correctly. Any break in the chain of custody can render the evidence inadmissible.
- Lack of Mens Rea Defense: We focus heavily on demonstrating a lack of criminal intent. This may involve providing medical records to show a legitimate pain or medical history, arguing that the alleged "doctor shopping" was a result of seeking multiple specialized opinions, or presenting evidence that a mistake was made without deceitful purpose.
- Expert Witness Testimony: If the case hinges on addiction or mental health, we work with qualified professionals to present a comprehensive picture of mitigating circumstances to the court, which can sway both prosecutors and judges toward diversion programs instead of prison time.
- Aggressive Suppression of Statements: We challenge any statements you made to law enforcement, especially if your Miranda rights were violated or if the statements were not made voluntarily, seeking to have them suppressed from the record.
What to Expect: Prescription Fraud Charges in Newport News
Virginia pharmacies and healthcare providers keep extensive records to help prevent unlawful activity. Law enforcement relies on these detailed logs, along with video surveillance and reports from medical staff, when investigating prescription fraud cases in Newport News. If the police question you or request records, knowing your rights and what to expect as the case develops can help you make informed decisions. Our team explains how each step may unfold, so you avoid surprises during your case.
How local courts handle prescription drug fraud often depends on both the circumstances of your charge and any past history. In some cases, additional issues—such as contacting regulatory boards or employers—may arise after an arrest. Newport News’s mix of hospitals, clinics, and pharmacies means the process can sometimes involve several institutions, making local experience even more vital when choosing your defense attorney.
Penalties and Collateral Consequences of a Virginia Felony Conviction
A conviction for prescription fraud in Virginia is generally a Class 6 Felony. While the direct penalties are severe, the collateral consequences of being a convicted felon often impose a life sentence of restrictions.
Direct Penalties (Class 6 Felony)
The potential sentence for a Class 6 Felony in Virginia is serious:
- Imprisonment: Not less than one year nor more than five years in a state correctional facility, OR, in the discretion of the judge or jury, up to 12 months in jail.
- Fines: A fine of up to $2,500.
- License Suspension: Loss of your driver's license for six months.
The First Offender Option (VA Code § 18.2-258.1(H))
For individuals who have never been convicted of a prior drug offense, Virginia offers a potential lifeline known as the first offender disposition. If you plead guilty and the court grants this option, you will be placed on supervised probation with terms that include mandatory substance abuse screening, evaluation, and treatment/education.
Successful completion of this program allows the court to reduce the conviction to a Class 1 Misdemeanor. While this avoids a permanent felony record, the charge remains on your record. As your Newport News prescription fraud lawyer, we know how and when to aggressively pursue this option to protect your long-term future.
The True Cost: Collateral Consequences
Beyond the direct court penalties, a felony conviction has immediate, adverse effects that jeopardize your stability:
- Professional Licensing: If you are a healthcare worker (nurse, doctor, pharmacist), teacher, lawyer, or hold any state-regulated professional license, a drug-related felony conviction will almost certainly result in the suspension or permanent revocation of your license.
- Employment and Security Clearance: A felony record is often a permanent bar to securing state or federal employment and is grounds for denying or revoking a security clearance, which is critical for many jobs in the Hampton Roads and Peninsula region.
- Loss of Civil Rights: A felony conviction automatically strips you of the right to vote, the right to possess firearms, and the right to serve on a jury. Restoring these rights is a complicated, multi-step process.
- Immigration: For non-citizens, a felony drug offense is considered a crime of moral turpitude, which can lead to deportation proceedings and inadmissibility to the United States.
The Criminal Defense Process for Prescription Fraud
Every case is unique, but most prescription fraud charges in Newport News follow a step-by-step legal process. We support you at each stage, keeping you updated and prepared for hearings and decisions in the Newport News courthouse.
- Early evaluation: We review the evidence that the prosecutor may use, including pharmacy records or recorded statements.
- Personalized guidance: We explain your rights and answer questions about the process, so you feel ready to make important choices.
- Preparing for court: Prescription fraud cases may involve hearings in the Newport News General District Court or Circuit Court, depending on the details of the charge.
- Practical support: We offer updates and practical advice at every step—whether you are at work, caring for loved ones, or handling daily responsibilities.
We focus on clear communication, so you always know your next step and can make informed decisions throughout the case.
Prescription fraud investigations in the Newport News area can stretch over weeks or months, especially when multiple pharmacies or medical providers are involved. Gathering documents, responding to subpoenas, and scheduling court dates may add time, so planning ahead gives you peace of mind. We address all questions up front and keep you aware of key dates and next steps. Having a trusted local team means you never have to navigate this journey alone.
Why Work With Our Newport News Prescription Fraud Lawyer
When your freedom and reputation are at stake, legal experience makes a difference. Attorney Scott Ehrenworth brings insight from his time as a prosecutor, giving us a strong understanding of how Virginia builds its drug cases. Our experienced defense approach combines skill with personal attention. We move quickly to answer your questions, schedule after-hours appointments, and advocate for your future.
Clients rely on our team for:
- First-hand insight: Our prosecutorial background means we anticipate strategies used by the opposition.
- Clear, personal communication: We help ensure you understand every charge and your options in language that makes sense.
- Commitment to your future: Our team focuses on preserving not just your rights, but the life you’ve worked hard to build.
- Strong reputation: Attorney Ehrenworth’s Superb Avvo Rating demonstrates our dedication to dependable, trustworthy advocacy in Newport News.
We stand out by giving every client the focused attention their case deserves. Our firm reviews your history and considers every detail that could affect your outcome. We stay updated on changes in prescription fraud enforcement and court trends in the region, adapting our defense to current local practices. This attention to the specifics of your case helps you feel understood and fully supported, not pushed through a generic process.
Take the Next Step—Speak With a Newport News Prescription Fraud Attorney
If you are ready to discuss your prescription fraud charge with a knowledgeable team, reach out to Ehrenworth Law, PLLC. Our lawyer will listen, answer your questions, and provide honest feedback about your options. With strong experience and a client-focused approach in Newport News, we work to support you at every stage.
Call (757) 663-4477 or reach out online to schedule a confidential consultation and learn what steps to take next.
