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  1. #1
    Join Date
    Jul 2008
    Location
    Florida
    Posts
    3

    Default Husband Deals Drugs

    My question involves criminal law for the state of: florida
    My husband (soon-to-be-ex) has had several "failed back surgeries" (words from a "doctor". Therefore, he is prescribed several narcotics (oxycotin, percocet, etc). I have just found out that he doesn't take all of the himself but "sells" them to whoever. (No wonder that I can't stand to be around him any more and no wonder why he is in pain all of the time)

    I have a couple of questions:
    1. If I turn him to the police, will I lose my house, etc and will I be considered involved?

    2. Can I turn in this "quack" of a doctor who gives him any pills he want and to whom?

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Husband Deals

    Quote Quoting s1234
    View Post
    My question involves criminal law for the state of: florida
    My husband (soon-to-be-ex) has had several "failed back surgeries" (words from a "doctor". Therefore, he is prescribed several narcotics (oxycotin, percocet, etc). I have just found out that he doesn't take all of the himself but "sells" them to whoever. (No wonder that I can't stand to be around him any more and no wonder why he is in pain all of the time)

    I have a couple of questions:
    1. If I turn him to the police, will I lose my house, etc and will I be considered involved?

    2. Can I turn in this "quack" of a doctor who gives him any pills he want and to whom?
    Actually if he has had back surgery and it has failed his doctor is totally in the right by writing those RX's. If your husband decides to sell the pills and not use them that is his choice and you can NOT fault his doctor.

    Since I handle these types of problems at work (DEA agent) I am very up on this. It is NOT his doctors fault.

    As far as your husband, well this is off the record.
    Get your divorce, and move on with your life. Why would you want to go to the police?

    No matter what your husband has turned into, I am sure you must have loved him at one time in your life. Make a break from him and start your NEW life over. And if your husband is selling his meds, yes it is against the law, and since you are NOT involved in any of that I do not see how it can come back to hurt you. But again, why do you want to hurt him? ok, nuff said.

    This is another example as to why I am NEVER getting married.

  3. #3
    Join Date
    Jul 2008
    Location
    Florida
    Posts
    3

    Default Re: Husband Deals

    I know deep down in my heart that I should (and will) get totally away from him!!!!! I guess I want him to hurt as much as I do. Thank you!!
    ps.. this has spoiled my outlook on marriage and I will NEVER say those two little words again.


    Quote Quoting OhMy
    View Post
    Actually if he has had back surgery and it has failed his doctor is totally in the right by writing those RX's. If your husband decides to sell the pills and not use them that is his choice and you can NOT fault his doctor.

    Since I handle these types of problems at work (DEA agent) I am very up on this. It is NOT his doctors fault.

    As far as your husband, well this is off the record.
    Get your divorce, and move on with your life. Why would you want to go to the police?

    No matter what your husband has turned into, I am sure you must have loved him at one time in your life. Make a break from him and start your NEW life over. And if your husband is selling his meds, yes it is against the law, and since you are NOT involved in any of that I do not see how it can come back to hurt you. But again, why do you want to hurt him? ok, nuff said.

    This is another example as to why I am NEVER getting married.

  4. #4
    Join Date
    Feb 2008
    Posts
    4

    Default Re: Husband Deals

    Quote Quoting OhMy
    View Post
    Since I handle these types of problems at work (DEA agent) I am very up on this. It is NOT his doctors fault.

    As far as your husband, well this is off the record.
    Get your divorce, and move on with your life. Why would you want to go to the police?
    I'm horrified about your profession choice if this is your advice.

    Prescription narcotic abuse is a huge problem and we are all morally (even if not legally) responsible for reporting crimes. If she knew her husband was molesting children would you advise her to turn the other cheek? I hope not.

  5. #5
    Join Date
    Jun 2008
    Posts
    5

    Default Re: Husband Deals

    Quote Quoting ceh789
    View Post
    I'm horrified about your profession choice if this is your advice.

    Prescription narcotic abuse is a huge problem and we are all morally (even if not legally) responsible for reporting crimes. If she knew her husband was molesting children would you advise her to turn the other cheek? I hope not.
    There's a vast difference between molesting a child and selling prescription drugs.

  6. #6
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Husband Deals

    Quote Quoting ceh789
    View Post
    I'm horrified about your profession choice if this is your advice.

    Prescription narcotic abuse is a huge problem and we are all morally (even if not legally) responsible for reporting crimes. If she knew her husband was molesting children would you advise her to turn the other cheek? I hope not.
    I am here to give my own opinion. NOT a professional one.

    The doctor (which is whom I would investigate) did NOTHING wrong based on the post.

    My own opinion about marriage and how someone should treat a spouse durring a divorce is just my opinion.

    If here husband sells his pills, he will get caught. The ex wife has enough in her life to go through without opening a can of worms so to say.

    How do you know that the future ex husband has nothing on his ex wife? Just because she does not mention anything does not mean she is 100% clean. Even if the husband stretches the truth they can BOTH end up in jail until proven innocent. Is it worth the risk??? I think NOT.

  7. #7
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Husband Deals

    Last I checked, a spouse could not be compelled to testify against a spouse.

  8. #8
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Husband Deals

    Quote Quoting cyjeff
    View Post
    Last I checked, a spouse could not be compelled to testify against a spouse.
    I agree, however, they can testify as PAYBACK and want to testify, therefore, I feel it best they NOT open up a can of worms while going through a nasty divorce.

  9. #9
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Husband Deals Drugs

    As far as the marital communications/testimonial privilege is concerned, Trammel has a list, at the time of the case decision, starting at FN 9.


    http://supreme.justia.com/us/445/40/case.html


    Laws may have changed for a particular state since 1980, but here is FL's as codifed now!!


    http://www.leg.state.fl.us/Statutes/...20504#0090.504

  10. #10
    Join Date
    Apr 2008
    Location
    Living Happily Ever After with my hubby Dan, with Law Researcher Missy on the side
    Posts
    75

    Default Re: Husband Deals

    Quote Quoting OhMy
    View Post
    Actually if he has had back surgery and it has failed his doctor is totally in the right by writing those RX's. If your husband decides to sell the pills and not use them that is his choice and you can NOT fault his doctor.

    Since I handle these types of problems at work (DEA agent) I am very up on this. It is NOT his doctors fault.
    Based upon the info given, the doctor COULD be legally liable. We don't know how much is being prescribed, and how often, and by how many docs. Technically, every doc who prescribes Schedule II narcotics in substantial quantities on an ongoing basis is supposed to put checks into place to protect them from professional and legal liability for diversion, such as: running appropriate computer checks for those states which keep databases of controlled substance prescriptions, urine monitoring, and asking the patient to bring in meds at random intervals for a pill count. Any doc who fails to do that is opening him or herself up to liability.

    Doctors have been prosecuted for prescribing Schedule II and III substances to "legitimate" patients when it could be shown they were negligent and did not sufficiently monitor the patients' usage. I can cite cases if need be. Docs have lost or had their licenses suspended for lesser offenses.

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