Altering a prescription & identify theft

[magus a]

What is the name of your state? CA

I am charged with HS11368 (forging or altering a prescription) and PC530.5A, (identity theft) I think as a felony in San Mateo County, CA. I did admit to trying to fill a prescription written to me, but authorize by the doctor. I did not alter or forge anything. I an on video surveillance. I have no prior convictions. I had to go into the county jail to do a Book and Release. Will I have to do jail time, or is the other options?

 

[quincy]

If convicted of forging or altering a prescription, there is a mandatory minimum sentence of six months in jail.

 

[PayrollHRGuy]

What is the basis of the identity theft charge?

 

[FlyingRon]

I can't parse your statement. What did you do with this prescription exactly?
You need an attorney.

 

[quincy]

Here are links to magus' charges:

HS11368: https://law.justia.com/codes/california/2017/code-hsc/division-10/chapter-6/article-4/section-11368/

PC 530.5:
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=530.5

WHY s/he was charged is a bit of a mystery.

I agree magus needs an attorney.

 

[PayrollHRGuy]

Other than saying she was charged with it I don't see anything in the OP mentioning the ID theft.

I'm betting she changed the name on a script. I hope she returns to clarify.

 

[quincy]

Other than saying she was charged with it I don't see anything in the OP mentioning the ID theft.

I'm betting she changed the name on a script. I hope she returns to clarify.

Clarification would be nice.

All magus said was that s/he tried to fill a prescription written to her and authorized by a doctor. This alone should not result in criminal charges unless a lot has been left unsaid.

Because there is mandatory jail time upon conviction, magus should not go without an attorney.

 

[FlyingRon]

The identity theft statute includes adopting other's medical records to get some gain.

 

[quincy]

The identity theft statute includes adopting other's medical records to get some gain.

The connection between the charges is pretty clear but the "why" behind the charges against magus isn't.

 

[FlyingRon]

Yep. I suspect that EITHER she meant something else (the grammar is awkward) or she attempted to fill the prescription multiple times (or used an old one). I posted my previous comment purely as informational. Most people think of Identity Theft as being a financial thing but I was pointing out the California law covers health records as well.

 

[magus a]

I was asked by a friend to fill a prescription for them with a script they would supply to me. There was no monetary motive. There was an error on the script, no qty, and the pharmacy called the doctor. I am not a patient. I guess the doctor did not write the script is the reason for identity theft.

 

[quincy]

Thank you for explaining further what led to your charges.

Your friend got you into quite a legal mess, magus a. You will need a criminal defense attorney to help you get out of it with the minimum penalty possible.

Although I am not seeing that you can avoid jail time, your attorney might be able to work some miracles.

Good luck.

I was asked by a friend to fill a prescription for them with a script they would supply to me. There was no monetary motive. There was an error on the script, no qty, and the pharmacy called the doctor. I am not a patient. I guess the doctor did not write the script is the reason for identity theft.

 

[magus a]

It does seem I need an attorney. Unfortunately I am really broke trying to recover from a divorce. I am hardly making ends meet living paycheck to paycheck. Recent hospital bills from a stroke 4 months ago did not help.

 

[quincy]

It does seem I need an attorney. Unfortunately I am really broke trying to recover from a divorce. I am hardly making ends meet living paycheck to paycheck. Recent hospital bills from a stroke 4 months ago did not help.

You might be eligible for a public defender then.

If not, perhaps you can borrow enough for a lawyer from family or friends. The friend who gave you the fake prescription might even give you money for an attorney (although s/he could be facing charges as well),

I just don't think you should try to handle this without an attorney.

Good luck.

 

[magus a]

Never having done anything like this before, how do I try to obtain a public defender?