What are the penalties for attempting to fill a forged prescription in the U.S.? My cousin who lives in Anaheim, California was just caught trying to fill in a forged prescription for a benzodiazepine (Valium/diazepam). He scanned and forged the original script given to him by a doctor who refused to refill it a second time. He went to a CVS last December and they successfully filled it. He tried again this month only to be caught by the pharmacist who asked him to wait a bit but called the police who arrived and arrested him He was bailed out and now they say he's looking at being on the hook for a felony if the DA decides to press charges. How serious is this? I know a workmate who did something similar here the UK and only got a caution. I think this is highly unlikely to happen to him though as the American justice system is known for being particularly brutal in comparison to other Western nations.
If the DA decides to press charges (we don't know) and if he is convicted (looks like a solid case), the problems are not just the sentence itself. There might be a probation period with conditions like drug tests and counseling, with penalties if he misses them. It is legal to discriminate against people based on prior convictions. While California has some restrictions on when employers may ask, they can make it one part of their assessment.
We can look at Missouri law as an example. Missouri Statutes §577.029 says A licensed physician, registered nurse, phlebotomist, or trained medical technician, acting at the request and direction of the law enforcement officer under section 577.020, shall, with the consent of the patient or a warrant issued by a court of competent jurisdiction, withdraw blood for the purpose of determining the alcohol content of the blood, unless such medical personnel, in his or her good faith medical judgment, believes such procedure would endanger the life or health of the person in custody. Blood may be withdrawn only by such medical personnel, but such restriction shall not apply to the taking of a breath test, a saliva specimen, or a urine specimen. In withdrawing blood for the purpose of determining the alcohol content thereof, only a previously unused and sterile needle and sterile vessel shall be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law enforcement officer shall be made available to him or her. &quot;Shall&quot; means &quot;must&quot; – if there is a warrant (we assume there is no consent). Then the question is, what happens if the phlebotomist (etc) refuses? First, §577.031 immunizes the medical-person from legal liability when they act in compliance with a request from a LEO (a simple request, not necessarily accompanied by a warrant). §577.033 says that being dead, unconscious or otherwise incapable of refusing does not constitute withdrawal of consent (which is implied, by law). No specific penalty is prescribed for refusal to administer a court-ordered blood draw. There is no penalty for complying, there is no prescribed criminal penalty for refusing to comply with a court order (there is the possibility of a finding of contempt of court). Not every state is Missouri: I understand that Utah is different.
Police officers can lie to you He asked to search your car. He’s allowed to do this. You said no. You’re allowed to do this. He lied to you when he said he would get the K9 to search the car - this would not be legal. But he’s allowed to tell you lies. You made an admission of criminal activity. He now has probable cause to search. He legally searched, confirmed your admission and booked you. Seems legit to me.
It should be pointed out that smuggling doesn't just involve illegal goods but also includes legal goods that are brought in without following proper procedures such as paying required duties. https://www.findlaw.com/criminal/criminal-charges/smuggling-and-customs-violations.html False Declarations; Exporting violations; and Importing violations. False declarations can happen when a person returns to the U.S. or enters for the first time. They must declare the value of any goods they are bringing in from overseas. You can violate the law by misrepresenting the value of the goods, omitting them from the declaration form completely, or making false representations. Also, if you fail to disclose leaving or entering the country with $10,000 worth of currency, you can be criminally charged. While I am not a lawyer I could see that the authorities might have an issue with someone pulling a stunt like that in order to &quot;test&quot; them. Even if there is no legal issue the person could be put through a lot while they run tests to confirm that nothing illegal is being brought in and there is nothing preventing them from making the process as long and painful as they can. Something else to consider they also have rules in place for brining other legal objects on board planes if they resemble objects that are not allowed. https://www.tsa.gov/travel/security-screening/whatcanibring/items/toy-guns-and-weapons Squirt guns, Nerf guns, toy swords, or other items that resemble realistic firearms or weapons are prohibited. We recommend emptying water guns, which must follow the 3-1-1 Liquids Rule. Replicas of explosives, such as hand grenades, are prohibited in checked and carry-on baggage. TSA officers have the discretion to prohibit any item through the screening checkpoint if they believe it poses a security threat. It is also possible to be charged with selling fake drugs and the local authorities can bring those charges and it can become their word versus your word about what your intentions are. In this case you might not be intending to sell them but it would be impossible to argue that you are not trying to pass it off as fake drugs. https://www.criminaldefenselawyer.com/legal-advice/criminal-defense/drug-charges/jail-selling-fake-drugs.htm Question: I sold a baggie of aspirins that I said was OxyContin to a guy at a concert. After the show, I heard that there were undercover officers in the crowd. Could I be busted for selling fake drugs? Answer: Yes. States and federal laws make the sale of fake drugs illegal, and you can even be charged with an attempted drug sale under some laws.
There are a variety of reasons a judge might be disqualified. It could be that the judge was previous an attorney who represented someone (defendant, victim, key witness) involved in the case, it could be that the judge was a family member or former employer of the defense attorney, it could be that someone close to the judge or the judge personally was a victim of another crime committed by the person, it could be that the defendant or the defendant's family was a personal or family friend. The prior involvement in the protective order case could be a factor as well. The record isn't detailed enough to know. "Held" in this context means that the hearing scheduled for 1:30 p.m. on that date noted was actually conducted, rather than being continued or vacated for some reason. Your guess is as good as mine regarding "CFW" and "DB" in this context. My best guess for DB is "daily booking" and CFW might be either the removed or replacement judge's initials (e.g. Carol Francis Wilson) but those are just wild guesses. Neither appears on a list of Oregon Department of Corrections acryomns or this criminal background check abbreviation list, or this list of Oregon law enforcement abbreviations. The only matches on this list of law enforcement abbreviations and none of the matches to DB (dog bite, dead body, detective bureau) make a lot of sense in this context.
I'm not going to comment on the specifics of this law; rather, I think this question shows a misconception of the way the legal system works in general. Here's the question: do you actually have "legally privileged" material on your phone? If not, what's keeping you from claiming that is that it's not true, and lying to a police officer is a bad idea. And just putting a letter from your lawyer on the phone doesn't mean you've established a legal privilege--attorney-client privilege is not a magic spell, it's a reasonable system of protection that only covers certain communications. The bottom line is: the statute in general, and that clause in particular, were included in the law to protect real, important, and substantial legal right. The courts interpret the law in light of that purpose. If the police officer finds a solution that protects your rights while still carrying out the purpose of the statute, the court will be unlikely to fault him or her. In this case, if you tell the officer that there is a letter from your attorney in a particular folder, the obvious solution is for the officer not to open that folder. Problem solved. In practice, in the United States at least, these cases are dealt with routinely; computers are seized, and attorneys and judges work together to ensure that privilege is protected while still allowing reasonable access to seized materials. I would imagine the same is true in the U.K. The bottom line is: the law is not a game, and technical "gotchas" are rarely effective. Common law systems allow judges enough leeway to avoid this sort of pointless technicality.
Under federal law, it is illegal the minute you have any marijuana or marijuana seeds. Likewise under NJ law, except if authorized by state law, for medical marijuana production. Under NJ's medical marijuana law, "alternative treatment centers" grow and dispense medical marijuana, and there is no provision for mass-production growers (who don't distribute). Such a center is "an organization approved by the department [of Health and Senior Services] to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of this act". The department accepts applications to operate such a center, and "shall seek to ensure the availability of a sufficient number of alternative treatment centers throughout the State, pursuant to need, including at least two each in the northern, central, and southern regions of the State" (they have to find a need for another center in a location, in order for one to get authorized; this is evaluated every 2 years). There are criminal background checks for those involved with a treatment center. According to this article, there are a maximum of 6 centers to be opened, in Montclair, Egg Harbor Township, Woodbridge, Bellmawr, and Cranbury (existing), and Secaucus (under review). The article implies that 6 is the statutory maximum, but that is the statutory minimum, though probably the regulatory maximum (i.e. the state will not authorize any further centers). It also says that the centers must be non-profit, though the law only requires the first two to be non-profit (though it could be a de facto requirement via the regulatory power of the Dept. of Health). Since they don't seem to be eager to expand availability, there isn't any information on what other requirements there are for operating such a center, though the application form is here. The 2016 annual report gives information on production at the 5 existing centers, which is in the range of 400-800 lbs annually.
Giving someone drugs without their knowledge or consent, say in food or drink, is a criminal act. At the least it is a form of assault, and possibly a more serious crime could be supported by the facts. Note that people's reactions to drugs vary, and serious harm or even death can result from drugs that do not have serious effects on most people. Very serious criminal charges might then result. The facts should be reported to the police. If this is a case where the people receiving the drugs know about them, and want them, that is a very different matter, although it may still be illegal depending on the nature of the drugs. Note that under US law, an uninvolved witness is not normally required to report a crime, although reporting is strongly encouraged. This rule is different in different countries. That is, in some countries an ordinary citizen may be legally required to report a crime. In at least one state any person is required to report a crime if a victim is in danger of bodily harm (Wisconsin statute 940.34) There may be similar provisions in the laws of other states. People with some sort of duty of care, or who are made "mandated reporters" by statute, such as teachers and health professionals, may be legally required to file reports when they know or have reason to believe that a crime is underway or has taken place. Such statutes vary from state to state, and will be different in non-US countries.