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Prescription Fraud, Pending Cases & Probation.... NIGHTMARE... HELP

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sammi1972

Guest
:confused: What is the name of your state? Arizona.

And Please know up front, I am just a person who is trying to understand my husbands right (If He still Has any). Thank You to anyone who takes the time to respond.

I’m really desperate for any help or guidance.

My husband was charged with prescription fraud which was 1 count of a class 6 felony. (He had no previous criminal record) He was given probation but for 3 weeks after that, He unfortunately was still dependent on his medication and attempted the same process 2 additional times. 1 of them was not a narcotic, 1 was. They came and re-arrested him after they found out of one of the attempts (although unsuccessful) They took him to jail, and obviously put a hold on him for the probation violation. I called his original defense attorney, who we re-retained for this new dilemma. He sat in jail for 3 weeks until the judge would lift the hold so I could post his bail, which was the 1st Day of March 2004. He was sent back to his original probation officer, until these court cases are settled. My husband has followed every stipulation set forth, mainly staying clean, 30 hours of Community service each month, He had to change his line of work (out of the medical field) which He did, and works 60 hours a week. He goes to an intensive outpatient drug class 2 times per week AND goes to random drug testing 1 time a week. He finally went to his doctor and started back on his proper medications (Bi-Polar). The Probation Officer asked him to sign a release that she could verify with his Dr. about the Medication He needs, which He did. This allowed his Dr. To disclose medication info, which she did. The probation offer then felt it in her need to divulge to his doctor the nature of his crime and that He was on probation for prescription fraud. His Dr. knew He was on probation, and even about his drug use history, but after hearing that His Dr. became extremely uncomfortable about seeing him anymore. He was humiliated, embarrassed, and confused. We finally got him into a new Dr. so that He stays on his med's, and ofcourse, His probation officer is more then angry as He did not want her to call His new Dr. to tell them the nature of the charges. He asked Her if she would verify the prescription, etc, but He also stressed the terrible situation that it caused previously. My Husband MUST be on Medication, for the rest of his life, many people are. She said she fully intends to tell the Dr. why He is on probation and if He doesn't sign a new release that she coul violate him. His attorney, who I offer the utmost respect, seems to constantly answer every question with the same, "Well they don’t like all these felony's, plus we need her on our side right now as they still want to send him to prison" Something we are well aware of. He has out, clean and compliance to everything imposed for over 6 months. We have already paid His attorney 11,000 dollars to date... and were not done yet Im sure BUT, who is in our corner? Will my husband be violated for not signing a release. HELP.... Sorry its so long I just want to scream and I have no one to scream at :(
 


HomeGuru

Senior Member
sammi1972 said:
:confused: What is the name of your state? Arizona.

And Please know up front, I am just a person who is trying to understand my husbands right (If He still Has any). Thank You to anyone who takes the time to respond.

I’m really desperate for any help or guidance.

My husband was charged with prescription fraud which was 1 count of a class 6 felony. (He had no previous criminal record) He was given probation but for 3 weeks after that, He unfortunately was still dependent on his medication and attempted the same process 2 additional times. 1 of them was not a narcotic, 1 was. They came and re-arrested him after they found out of one of the attempts (although unsuccessful) They took him to jail, and obviously put a hold on him for the probation violation. I called his original defense attorney, who we re-retained for this new dilemma. He sat in jail for 3 weeks until the judge would lift the hold so I could post his bail, which was the 1st Day of March 2004. He was sent back to his original probation officer, until these court cases are settled. My husband has followed every stipulation set forth, mainly staying clean, 30 hours of Community service each month, He had to change his line of work (out of the medical field) which He did, and works 60 hours a week. He goes to an intensive outpatient drug class 2 times per week AND goes to random drug testing 1 time a week. He finally went to his doctor and started back on his proper medications (Bi-Polar). The Probation Officer asked him to sign a release that she could verify with his Dr. about the Medication He needs, which He did. This allowed his Dr. To disclose medication info, which she did. The probation offer then felt it in her need to divulge to his doctor the nature of his crime and that He was on probation for prescription fraud. His Dr. knew He was on probation, and even about his drug use history, but after hearing that His Dr. became extremely uncomfortable about seeing him anymore. He was humiliated, embarrassed, and confused. We finally got him into a new Dr. so that He stays on his med's, and ofcourse, His probation officer is more then angry as He did not want her to call His new Dr. to tell them the nature of the charges. He asked Her if she would verify the prescription, etc, but He also stressed the terrible situation that it caused previously. My Husband MUST be on Medication, for the rest of his life, many people are. She said she fully intends to tell the Dr. why He is on probation and if He doesn't sign a new release that she coul violate him. His attorney, who I offer the utmost respect, seems to constantly answer every question with the same, "Well they don’t like all these felony's, plus we need her on our side right now as they still want to send him to prison" Something we are well aware of. He has out, clean and compliance to everything imposed for over 6 months. We have already paid His attorney 11,000 dollars to date... and were not done yet Im sure BUT, who is in our corner? Will my husband be violated for not signing a release. HELP.... Sorry its so long I just want to scream and I have no one to scream at :(
**A: thanks for your post. Stay tuned for responses.
 

calatty

Senior Member
I don't see why he doesn't just sign the release. The first Dr. who quit because his crime was prescription fraud must have had his own reasons, but doctors treat people who've committed far worse crimes than prescription fraud. It stands to reason that the new Dr. should know what the crime was so he can keep an eye out for his prescription pad.
 

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