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statue of limitations

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sassafras

Junior Member
What is the name of your state? Virginia

How long does a doctor or employer have to report you for calling in a fradulant narcotic prescription. I am an RN and called in a phony RX for vicodin under a false name, they caught me and have evidence, but did not report me because they are at risk for violations as well that I could report. I am wondering how long I need to worry about this.This was over 9 months ago.
 


Shay-Pari'e

Senior Member
sassafras said:
What is the name of your state? Virginia

How long does a doctor or employer have to report you for calling in a fradulant narcotic prescription. I am an RN and called in a phony RX for vicodin under a false name, they caught me and have evidence, but did not report me because they are at risk for violations as well that I could report. I am wondering how long I need to worry about this.This was over 9 months ago.
There are no limitations on when they can report it.
 

sassafras

Junior Member
how likely?

Paradise,
Thank you for your reply. How likely is it that they will ever report it at this point? I feel like we both have good reason to not turn each other in. Wouldn't it be frowned upon if they waited 9+ months to do anything?
Thanks so much...I am more concerned now because I am expecting a baby and worry that this may come to haunt me, I made a mistake but I learned my lesson!!!
Sassafras
 
--PARIDISE-- said:
There are no limitations on when they can report it.
Are you serious? Where would you get that?

Most statutes of limitations for a crime such as this would be seven years. The only crimes of which I am aware there are no statute of limitations are crimes against children (because often times children do not come forth with information of abuse until they become adults) and Murder.

The reason for statutes of limitations is that the more time that goes by the more difficult it becomes to defend ones' self. Witnesses die/forget/move away, other evidence of innocence is lost, etc. I believe without looking at the VA or federal laws that it would be seven years. I'd do a Google search on those laws to determine for certain.

You'll find things like this...

http://en.wikipedia.org/wiki/Statute_of_limitations

http://www.dnaresource.com/2000 Statute of Limitations Legislation.pdf
 
Last edited:
Clarification Terry. There is no SOL on when it can be...reported.

The SOL can apply to a prosecution.

Standard technical answer was given here.

Its a lawyer thang.
 
Florid-aise said:
Clarification Terry. There is no SOL on when it can be...reported.

The SOL can apply to a prosecution.

Standard technical answer was given here.

Its a lawyer thang.
Okay, so are you saying that if the person waits 10 years to report it that the tolling begins at that point?
 

CdwJava

Senior Member
sassafras said:
What is the name of your state? Virginia

How long does a doctor or employer have to report you for calling in a fradulant narcotic prescription. I am an RN and called in a phony RX for vicodin under a false name, they caught me and have evidence, but did not report me because they are at risk for violations as well that I could report. I am wondering how long I need to worry about this.This was over 9 months ago.
Even if you don't face criminal charges, you could still be reported and lose your RN license ... and given the circumstance here, maybe you should.

- Carl
 
TMBrown2004 said:
Okay, so are you saying that if the person waits 10 years to report it that the tolling begins at that point?
In all likihood a report, reported after the SOL would be meaningless and unenforceable. Yet nothing stops the reporter from reporting. See whudda mean? :)
 
Florid-aise said:
In all likihood a report, reported after the SOL would be meaningless and unenforceable. Yet nothing stops the reporter from reporting. See whudda mean? :)
I see said the blind pig... :p
 

sassafras

Junior Member
Carl,
I realize I broke the law and that I was wrong however, I thought you might be interested in the motive and circumstances before you passed any final judgement. I was a single parent without health insurance at the time and I desperatly needed the medicine for a migraine headache. I was facing a choice between food for my son and I or going to the doctor. I called in a RX for 30 tablets and 9 months later I still have 24 of them, incase I get another migraine. All judges take motive into account when assignig a punishment. As I said I do realize that I was wrong, and I am not trying to say that my motive excauses my behavior. I thank you for your advice and I hope I have helped you as well, to see that law cannott be looked at so black and white. That we are human beings first and that a good and fair judge consider's each case on a individual basis, as unique as each individual committing it. Intention means a great deal, I hope that if you are a lawyer or are in law school that you will remember this and it will help you to practice your art with compassion, integrity and wisdom. I have NO previous record. So yes, I broke the law, I did so because I am poor. If I had the money I would have gone to the doctor to be treated properly. Poverty is a crime in today's world. Those who are financially stable are also able to hire better legal counsel as I am sure you are aware. Law is not alway's fair...but as human beings we ARE and we can work to make the system better. I feel it would be extreme to take away my license under these circumstances, perhaps you judge me diffrently, I can respect that. You must first hear all the facts and remember why we have laws...to protect and maintain order. Punishment is assigned in order to assist in preventing repeat crimes (in my opinion).
In this case I am being blackmailed but I will not publically go into the detail's. Suffice to say it sucks to be blackmailed but I brought it on myself by making a stupid decision, I realize and accept that. I am in a "you tell on us and we'll tell on you" situation. I am just wondering how long I have to live with this stress, sometimes I think about just turning myself in so as to not have to worry about it all the time. I am a good mother and I am a good person who made a stupid decision.
I am interested in your opinion on this now that you have more information. I do respect your opinion and I want to be sure that you understand I am not saying that I deserve to "get off" (although I am happy I might!!!) really I am just trying to help you understand that you cannott be so quick to pass judgement.The law was not meant to be dished out in a homoginous manner but rather, to be used as a guideline.
Consider:
Intention
Motive and best possiable outcome for the criminal and society. Do you really think it would be right to take my license and therefor leave my family in deep poverty? I am already suffering, my children would be the ones to suffer the most if I lost my income or had to go to jail...and my children are member's of your society as well....do you want them in poverty? Do you want them taken from a mother who loves them and parent's well and cares!!All over one Rx?
Please share your thoughts.
Many thanks again!!!
Sincerely,
Sassafras
 

CdwJava

Senior Member
sassafras said:
All judges take motive into account when assignig a punishment.
Some do, some don't. And in some cases there are mandatory minimums attached.


I thank you for your advice and I hope I have helped you as well, to see that law cannott be looked at so black and white.
Forget about the law for a moment - think of the moral issue ... what does it teach your child about what is right and wrong? Is it situational? It's right because you had a need? What kind of message does that wobbly sense of values send?


Intention means a great deal, I hope that if you are a lawyer or are in law school that you will remember this and it will help you to practice your art with compassion, integrity and wisdom.
I am neither an attorney nor in law school. I considered it a few years ago but could not afford it. And now ... well, I'm on another career path and going to law school would stymie that.

And I believe I already practice my craft and my life with compassion, integrity and wisdom.


Poverty is a crime in today's world.
No - itis what it has always been. Not a crime, but an unfortunate fact of life.

Been there, done that ... and I still did not break the law.

Law is not alway's fair...but as human beings we ARE and we can work to make the system better.
And by "better" I take that to mean that people who write false prescription or commit crimes with a good reason should be given a slap on the wrist and a pat onthe back?

Certainly it can always be made better. But "better" does not always mean that punishments should be less severe.


I feel it would be extreme to take away my license under these circumstances, perhaps you judge me diffrently, I can respect that.
Well, a medical professional who forges prescriptions is a scary thing. It can also lead to later justifications ... what if you're hungry? Do you then write one for Vicodin for a friend who gives you a couple hundred bucks for it?


In this case I am being blackmailed but I will not publically go into the detail's.
Blackmailed? I thought you had a migraine?


Motive and best possiable outcome for the criminal and society. Do you really think it would be right to take my license and therefor leave my family in deep poverty?
But by your own statement you are already in poverty ... or, at least without any medical coverage. Your license allows you a means to work, I suppose ... but it also provides you with a very dangerous weapon depending on how you choose to use it. And you have already demonstrated at least one instance of poor judgment.


I am already suffering, my children would be the ones to suffer the most if I lost my income or had to go to jail...and my children are member's of your society as well....do you want them in poverty?
Were you thinking of them when you chose to commit a crime that could result in your going to jail?

Hiding behind your children will buy you no Brownie points with me or the court.


Do you want them taken from a mother who loves them and parent's well and cares!!All over one Rx?
No. But I also worry about what they are being taught. And love is not the only thing that is important in a child's upbringing. I have known many people who have dearly loved their children and done horrible things to them. Not that you would intentionally do so, but "love" is not the issue.

Personally, I doubt you will lose your license. I think that you will probably be eligible for some form of treatment or deferral program that will keep you from being punished harshly. I can only hope that you learn from this and stand a firm MORAL ground ... forget the legal issue, but think of the moral one.

Your children see your actions and those actions shape their ethical development. If they learn situational ethics, then you will get children who consider only their own needs and desires and not what is right.

- Carl
 

sassafras

Junior Member
Carl,
I am dissapointed that you don't seem to have understood at all what I was saying...I DO realize that what I did was terriably wrong and I am not trying to bend the law to suit my own needs, No it is not made ok by the fact that I had a "need" but it does make it diffrent. Do you think I should get the same punsihment as someone who took drugs to sell or use for recreational use?
ANd I WAS thinking about my son, at the time I had about $40.00 in my account and I was throwing up and unable to even drive because my migraine was so bad, I had to choose between FOOD and MEDICINE...now if it had just been myself I would have eaten Ramen noodles but it wasn't just me. You say you have "been There" be honest, have you? Have you had to wonder how you were going to feed your kids their next meal?
My financial situation is much better now.
I also took a position in nursing that involves teaching, I have absolutly NO access to ANY drugs...narcotic or otherwise.
You do not appear very compassionate, however you may have integrity and wisdom. When I say wisdom though I am referring to a bit of common sence...meaning the punishment fitting the criminal...I feel that probation or something of this sort would be the best punishment, to be closely watched in order to ensure that I am not a repeat offender, in this manner my child's life would not be disrupted physically or in a dramatic financial manner.
As for my "moral's" again, you know only one thing about me and it is the wrost thing you could know!!! I am EXTREMLY moral...and yes I do love my son but as I said I parent him also...I spend time with him, don't stick him in front of the TV. I work hard and live in a bad neighborhood so I can send him to an amazing school. No, I am NOT perfect, neither are you. Yes I made a mistake and yes I am ashamed of it...what it says to my son is highly subjective and I think that a lot of it would have to do with how I explained it, That mommy was wrong, that grown-ups can make mistakes etc...
Ofcourse if I diddn't talk with him and left him to his own devices he might have a vastly diffrent interpritation. I do the best I can, I was faced with a bad situation and I made a bad choice.
I did not mean to imply that the law would be better it I got a pat on the back, I meant only that it could be better if we considered the entire situation prior to passing sentence. By this I mean, what is the greatest good? Sometimes I feel that we are so eager to dish out punishment that we shoot ourselves in the foot...there are many possiabilities for varied punishment, I simply feel that as human beings capable of "free and creative thought" can THINK about all the possiabilities and the ramifications and impact...think beyond the now.
Thank the higher power it has never come to my being so poor that I had to sell drugs!!! But as a mother, I guess that if it was THE only way to feed and shelter my children I would do anything...sell a kidney if I had to. Recall Maslow's hiearchy of needs....food/shelter are the foundation.
As for the blackmail, suffice to say that serious violations were occuring, after trying all I knew to fix these situations with no help or success, I found a diffrent job to get by on until I could obtain a good nursing position. My manager knew that I was concerned and she was worried that I would testify and so she told me that if I ever did then she would turn me in.
So as it stands now, I am not in any legal trouble at all. I was just inquiring how long they had to report me if they were to decide to. I doubt they will since their crimes are far more serious than mine.
The last thing you addressed I will thak you for. Yes, my children are watching and learning from my actions, fortunatly my child knows nothing of this and I hope it never comes to that. I have never broken the law before (excepting my usual 5-7 miles over the speed limit) and I do not plan on breaking it ever again...Next time I will sell my guitar at the pawn shop or something...I think I made a bad choice partly because I was not in my right mind...I was in so much pain at the time...
I thank you for your time and for helping me see things from another point of view.
I am a good mother and I am sorry that you feel I am "hiding behind my children." I am not trying to. My child an exceptional person and I am not saying that just because I am his mother...You are right that I should consider the ramifications of my actions in relation to him and I will be the first to admit I was an idoit for making such a stupid choice...I HAVE learned my lesson. I did not need to lose my license or go to jail to kearn it though and I really feel this would have led to more harm than good if they had chosen to report me.
Surely we all make mistakes? You, me everyone. You say you never broke the law and I believe you but there are many other ways to make mistakes...infidelity, breaking promices, poor choices...hindsight is everything!!! I am already being preety hard on myself for ever allowing my family to befall such a situation...you seem so harsh and stiff...I am already being hard on myself...I am having panic attacks and nightmares...I am crying quite often, I am scared to death that I will go to jail while I am pregnant...I know how important those first few months are and I want to breastfeed etc....I cannott imagine what would happen to my baby if I were in jail...
I just get the feeling that you think I am being easy on myself and expect special treatment when infact I am being harder on myself than any judge or board of nursing would ever be...I even worry about worrying!! I am afraid it is bad on the fetus!!!
One of the greatest things we can give one another is compassionate detachment. Yes, I made a bad choice but this does not make me a bad person. We will all learn from our mistakes in life, we are all perfectly damaged...
We all deserve to know that even when we make mistakes we will be loved anyway...even if we are not liked. I am not saying what I did was OK, I am saying it was very very wrong, I learned my lesson and I want to move on with my life in a positive manner...I want to make up for the mistake by giving back something to other people. I also do not want to be punished for a crime that occured a decade earlier. It was a serious crime but I am not a murderer!!!! I feel like I am walking around awaiting a murder trial..."will they get me?" Perhaps this is effecting me SO strongly because I am not usually so stupid and I never knowingly break the law or any other moral code....if I went around breaking the law all the time I might not be so strongly effected!!!I made one mistake...no one was hurt thank god...but do I have to spend the rest of my life paying for it? perhaps...
I have some friends who are paying for their mistakes for the rest of their lives...but mostly emotionally and not on a practical level. ie: friend cheats on her spouce and he leaves her with 3 small kids...she made a mistake that she has to live with every day forever...but she lays down in her own house with her children...I am afraid of being seperated from my children...I am afraid my mistake will hurt THEM!!! So I say no one was hurt, but the possiability of them being hurt is more than I can handle and I can't go back in time!!! I can't change or fix my wrongdoing but I can move foreward wiser and try to make the best of a bad situation. I do not think I should have to live with nightmares and panic attacke for the rest of my life over this. If I had raped or killed or intentionally inflicted harm on another living thing (besides my poor houseplants!!) the yes, I would think it was fair to suffer the rest of my days...but I did not do those things, I made a bad choice when I was in pain and poor, does it excause it? Hell no!!! But is it really fair for me to live the rest of my life in fear? No
I deserve to learn from my mistake and move on so I can start doing good and positive things in every realm.
Carl, thank you for your time, opinion and advice. Thank you for the work you do and for putting your life on the line so that people like myself can live in a safe place. Hopefully we will both have a beautiful future...
I just want to be able to relax and enjoy my pregnancy, give more than I take. This whole thing is taking so much mental energy that it is robbing me of one of the most magical times in a person's life...perhaps I deserve it...but I assure you I did not get off easy!!! I judge myself fairly harshly. I am having a terriable time of it and I just want to put this behind me and celebrate life. Many many thanks and apologies for my stupidity.
Sincerely,
Sassafras (p.s. Please excause type-o's and spelling...)
 

Scrutinizer

Junior Member
sassafras,

Have you checked to see what you could be charged with? In Michigan there are two similar charges, obtaining a controlled substance by fraud which is a felony or you could plea it down to obtaining a controlled substance by mis-representaion, which is a misdemeanor. If it is your first offense, the latter is 90 days in jail and or $500 dollar fine. Most likely you would get fine and probation, and have to complete a substance abuse program and or AA -NA meetings. As far as your motives, the Judge is going to be wondering why you used an alias, and the fact that you used a DEA number to get your drugs i.e. appears to have a substance abuse problem. In the future it would be better to go to the Emergency Room for treatment, as they by law can't refuse to treat you, and you can worry about paying the bill later.


And in the night of death, hope sees a star, and listening love hears the rustle of a wing.
 

chevy372

Member
sassafras said:
But I also worry about what they are being taught.
Gee Carl, did you say that to Bill Clinton when he taught every child in this country that it was ok to commit a crime and lie about it perjury, ("I did not have sex with that women") Young lady you are asking Carl (WHO HAS NEVER BROKEN A LAW IN HIS LIFE) who when Jesus said "let he who is with out sin cast the first stone" picked up the biggest rock he could find and threw it out there. (Right after that Jesus laughed and smited Mr. Carl)
You ARE doing the right thing and there is an SOL. Go online to your state's statutes and if you have a search box, put in Criminal Statute of Limitations, be careful to not look up Misdemeanor and make sure you are looking at felony. I do believe that TMBrown was correct in the first place, it is 7 years I believe.
Next time do not ask a cop what the law is, they have NO idea, and are only part of the government and "When has the government EVER told us the truth"? "Blacks can't ride the bus, they are not human", the civil war, wasn't about freeing the slaves, watergate ("Nixon, I am not a crook", Irangate, "Ollie North" I didn't sell any tow missles", WWI, "we need to stop being isolationist", WWII (We had no idea they had a flotilla of ships out there and were going to attack"
Carl I have forgotten MORE than you will ever know.
 

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