Austell, GA Criminal Defense Law Firms & Lawyers

When he fails to report a tolling provision is filed, which stops the probation from running. So, he cannot stay gone until probation runs out. It will not start to run again until he is arrested.

There are several ways to commit the crime of fraudulently obtaining prescription drugs. While they vary from state to state, in Montana, where you are from, they include obtaining or attempting to obtain a dangerous drug through one of several means. Those most applicable to your situation include: fraud, deceit, misrepresentation, or subterfuge; the use of a forged, altered, or fictitious prescription; the use of a false name or a false address on a prescription; or the concealment of a material fact. If you modified (altered) a prescription, you would fit within #3, presenting a forged, altered or fictitious prescription. The offense is a felony. For substances that are Schedule I, II or III , IV or V drugs, a first offense is a felony punishable by a minimum of 1 year and up to 5 years in the state prison, and a fine of up to $50,000.00. A second offense bumps the penalty up to a minimum of 5 years and a maximum of 10 years, again with a possible fine up to $50,000 Montana does have alternative sentencing. If you are found to be an appropriate candidate for a deferred or suspended sentence, instead of sending you to jail, the court can sentence you to a range of other options, which may include a period of up to one year in a residential drug treatment program, public service, and other standard conditions of probation. You should meet with a lawyer in your jurisdiction who can tell you the exact penalty for the type of drug named in the prescription you altered. She or he can also advise you as to your possible defenses to the charges, and the likelihood of obtaining a deferred or suspended sentence so you can avoid jail altogether. With that information, you should be able to make an informed decision as to whether to seek a plea agreement or prepare to take the case to trial.

It is hard to prove a negative, but a good attorney and investigator can oftentimes get the job done.   Steven Berne, Esq. (404) 881-5335 bernelaw.com