Forging a Prescription by Darren Kavinoky

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Forging a Prescription
by Darren Kavinoky

Forging a Prescription

Forging a prescription is against the law. It is generally defined as the illegal acquisition of pharmaceuticals for personal use or profit. People commit prescription fraud in many ways, including going to multiple doctors for multiple prescriptions, and forging the quantity on the prescription to increase the quantity. The biggest factor driving prescription fraud is the increasing abuse and addiction to prescription drugs. Health and Safety Code Section 11368 defines the offense and the punishment, reading:

“Every person who forges or alters a prescription or who issues or utters an altered prescription, or who issues or utters a prescription bearing a forged or fictitious signature for any narcotic drug, or who obtains any narcotic drug by any forged, fictitious, or altered prescription, or who has in possession any narcotic drug secured by a forged, fictitious, or altered prescription, shall be punished by imprisonment in the county jail for not less than six months nor more than one year, or in the state prison.” (Emphasis added)

Uttering a forged instrument refers to the passing of or making use of a forged writing or document with knowledge of its forged nature. For example, presenting a forged prescription to a pharmacy is uttering.

The California criminal jury instructions, known as CALJIC, outline the elements necessary to convict someone for forgery of a prescription. CALJIC 12.05 reads in pertinent part:

“In order to prove this crime, each of the following elements must be proved:

1. A person forged/altered/issued/uttered a form for the prescription of drugs; and
2. As forged/altered issued/uttered the prescription was for [a narcotic drug].

Or

1. A person issued a form for the prescription of drugs;
2. The prescription was for [a narcotic drug]; and
3. The signature on the prescription was forged/fictitious/the prescription had been altered.”

Author's Biography:

Darren Kavinoky is the founding partner of The Kavinoky Law Firm, a

criminal defense law firm with six offices throughout California. The

attorneys of the firm take pride in their constant continuing legal

education and unparalleled one-on-one client service. Every attorney at

the firm particpates in ten times the amount of education required by

the state bar.

In addition, the attorneys provide each client with a personal cell

phone number, and they make themselves available to clients at all

times. The attorneys of The Kavinoky Law Firm understand that there is

only one case that matters to you: yours! They are dedicated to treating

each client with personal service to ensure satisfaction.

Darren has defended numerous high-profile clients, developed key

relationships with media leaders, and earned public support for clients