Michigan Criminal Defense Lawyer Blog

In an earlier article on this Blog, I noted that there is a definite increase, at least in my Criminal Practice, in the number of cases involving prescription medication, and particularly in those involving Vicodin and Oxycontin. These drugs have, in recent years, become part of the menu of drugs used recreationally. In years past, it was more common to find someone with a residual habit caused by having to legitimately take these drugs for a real medical condition. In those cases, the reliance on the drugs continues after whatever condition for which they were originally prescribed has cleared up. Pretty much every celebrity in the papers reported going to rehab claims to have a problem with prescription painkillers as a result of some injury.

While the number of Possession of Analogue cases has skyrocketed, the number of cases arising from the act of getting, or trying to get these drugs, has also soared. Perhaps the most common charge is what is known as a Fraudulent Prescription charge. This can involve anything from trying to call in a phony prescription, pretending to be from a Doctor's office, to using stolen prescription pads, or just being the person who appears at the pharmacy to pick up a script.

Before we look at the legal implications of such a charge, let's look at some of the common telltale signs seen by pharmacy employees as they detect these kinds of fraud.

It goes without saying that there are certain drugs which raise suspicion far more than others. People don't get high on anti-biotics, so a phone call, supposedly from a Doctor's office, for a 7 day supply of an antibiotic is far less likely to arouse any curiosity than a phone call for a large supply of Vicodin.

I recently spoke with a Doctor who told me of a case where a local pharmacy had called him to verify a prescription in his name for 100 Vicodin. The Doctor confirmed the pharmacy's suspicion when he indicated that even in the most serious of injuries, he would never prescribe more than 60 at any time. The pharmacy thought the number was unusual, and the phone call confirmed that. The same Doctor told me how his prescription pads, with his DEA number on it, has been duplicated and stolen countless times, despite all the precautions he takes to safeguard against that.

Legally speaking, it is not uncommon for someone arrested for Fraudulent Prescriptions to subsequently be found to have been engaging in the practice for some time. In other words, once the Police start looking into the State database (formally known as Michigan's Prescription Drug Monitoring Program, and it's tracking mechanism, called MAPS) where all prescriptions are archived, they often find a person has been prescribed an unusually large amount of these drugs, sometimes from the same Doctor's office to different pharmacies, other times from supposedly different sources to an even larger number of pharmacies. By the time many people resort to using phony scripts to obtain these drugs, they have developed a serious dependence on them.

Continue reading "Fraudulent Prescriptions in Michigan - Part of the Pill Problem" »

In this article, I'll be taking a short break from my ongoing series about License Restorations and will instead address an issue that is coming up more and more frequently in my Criminal Practice. It seems there is an ever-increasing number of cases involving the Possession of, or attempt to acquire, Analogues. Analogues are drugs which are chemically similar to other drugs. Perhaps the most common example is Vicodin, which is chemically similar to codeine, and can produce similar effects in the user. It is an opiate, meaning it's narcotic-like effects are similar to the whole family of drugs that are produced from opium, including morphine and heroin. Another frequently-abused Analogue is Oxycontin, which has been described as "heroin-in a pill."

I limit my Practice (and therefore my experience is likewise limited) to Macomb, Oakland and Wayne Counties. In this Tri-County area, there has been a virtual explosion of cases involving Analogues Charges. I assume that it's not much different all around the state, but I can only talk about the Detroit area. Many people have never even heard the term "Analogues" until they a charged with a crime involving them. Typically, a person is found in possession of some pills for which they did not have a valid prescription. Very often, the explanation they give has something to do with some kind of pain (back pain is a common complaint) and the generosity of someone who gave them a few pills to help. Even in cases where that story is true, it does not change the legality of possessing these medicines without a valid prescription for them.

Related cases include things like obtaining, or attempting to obtain the medication by fraud. Charges related to stolen prescription pads, fake prescriptions, phony "call-ins" where someone pretends to call a prescription in on behalf of a Doctor, and even the stealing of these medications from legitimate patients have likewise been on the rise.

Possession of Analogues is what's technically called a "High Court Misdemeanor," meaning it carries up to 2 years in Jail. This is sort of a "hybrid" Crime, but the easiest way to understand Analogue Possession Cases is that they are low-level Felonies.

It is, unfortunately, not uncommon to see the same people charged over and over again with crimes involving Analogues because of their highly addictive properties. Sometimes the compulsion to use these drugs far outlasts both the need and valid prescription for them, causing the once-legitimate user to become a long-term addict. In the worst cases, some people realize that the cost and difficulty of obtaining these drugs is actually more than using one the drugs they are chemically similar to, heroin. A significant portion of heroin users will inform a Court that their drug problem started with the use of Analogues.

Continue reading "Possession of Analogues in Michigan - The Pill Problem" »