My question involves criminal law for the state of: Virginia
How do the police prove prescription fraud, in this case, altering a prescription? I've been called in for questioning over a script written for a Sched. II substance several months ago.
Police claim I altered the number of pills on the script, which I did not.
Isn't it possible the pharmacy tech could have done this, or that the doctor made a mistake in their records?
The script alteration in question was was apparently written (allegedly altered) for 30 pills. I suppose the doctor is claiming it was written for fewer pills.
I don't recall looking at the script before handing it to the pharmacist/tech, but I am pretty sure I didn't receive 30 pills. More like 1/3 that amount. I didn't question it at the time, because I was sedated due to the emergency procedure they had just done.
In any case, I'm allergic to this medication. It causes severe nausea and vomiting. I took one or two pills, and later pitched the rest, since I don't like keeping Schedule II pills around (knowing there are people/family members who are grabby with the opiate class of meds).
But, how do I prove that I DIDN'T alter the script??? I know innocent people go to jail all the time. I don't feel comfortable going into the police station without an attorney. Will that just make me look more suspicious, though?
Sorry for the length of this, I'm just really scared. I can't afford an attorney, since they all charge $2000+, and we all know the quality of public defenders is luck of the draw given their caseload.
I have medical documentation of my allergy to this medication, no prior criminal record, and no history of substance abuse or selling illegal drugs.
At the time I was in the middle of an application for a security clearance as well. Altering a script just to get 30 pills that make me throw up doesn't make sense.
Lastly I have a witness (who is also my boyfriend, unfortunately - making his credibility questionable) who can testify that neither he nor I made any alterations to the script.
Am I screwed? If they end up arresting me, what is the legal penalty? Do I have enough here for reasonable doubt at least?
Thanks for your help. I'm really freaking out right now.