Legal Question in Criminal Law in Colorado

My child has no criminal record. She was nearly fately injured in a mugging about eight years ago. Her doctors had him on narcotic based pain relievers for over a year, He developed a dependence. A few weeks ago, he posed as a doctor, phoned a perscription into a local pharmacy (first time for this). He was intercepted by a police officer. Released and told to surrender himself to a local detective the following day. Which he did. After an hour of waiting, he was told the detective would contact him. Two months passed, the a detective contacted him for an interview (i guess that's what it was) where my child was told, by the detective, that he could make the charges go away if my child were able to turn over a drug offender. The medical profession promoted the drug dependency, and now the local law enforcement wants to turn him into a narcotic snitch. What is the common penelty for a poseing as a doctor? He, my child, never had hands on the illeaglal perscription.


Asked on 7/07/10, 8:43 am

1 Answer from Attorneys
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

STOP! Any promise by a law enforcement officer to reduce or dismiss charges in exchange for cooperation is NOT fully enforceable. If he makes a deal with the police and fully cooperates, the police can later prosecute him in spite of the promise. Negotiations must be made with the DA, not police. Get him a lawyer. BTW, the charge is generally called prescription fraud. Attempt to possess by assuming the title of, or representing one's self to be a practicioner. Depending on aggravators, he is looking at 1 to 8 years, possibly 16 or more. The sentence could also be less.

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Answered on 7/07/10, 12:54 pm


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