Legal Question in Criminal Law in Iowa

I was arrested and charged for selling a pain patch. I was set up by my nephew, I do believe, but have no proof. Anyway, I am 56 and have never in all my years been in any sort of trouble, have a clean record. It was a desperate decision made in financial stress. My husband has been off work for months with a lumbar fusion and we just could not make ends meet. MY nephew cam up with the idea and I was stupid and naieve enough to fall for it. My question is, the narcotics agent called my dr. the day I was arrested and told him of the arrest and instructed him to put the info in my medical file. I have no problem with his calling the dr. to let him know what I had done, nor do I have a problem with the doctor dismissing me from his care, but is it legal for them to enter the information into my permanent medical records before I was even found guilty of the charge? The original chatges were conspiracy to sell controlled substance, and insurance fraud. The insurance charge was immediately dropped, and we are pleaing for a deferred sentence for the conspiracy charge. It is my understanding that if I complete the guidelines for the deferred, the charge wil be dropped when completed, but this will remain in my medical records. I am disabld and have several serious meical issues, and need a doctor and my scripts, but with this entered into my records from my doctor, it is almost impossible to get another doctor to even consider me as a patient. Is it legal for the agent to instruct the doctor to do this before I am even found guilty? I spent the night in jail, ut was released with no bondthe next morning.


Asked on 11/05/10, 9:04 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

I'm sure brother Miler will weigh in here. It seems as if there's no factual dispute-you sold the pain patch to your nephew for money and in retrospect it has consequences that are making themselves felt, one of which was that now you are having problems accessing medical care.

The problem you now have is this: the cat's out of the bag, the information has been released and your records will go to any physician who you go to for care. It may be that there is some administrative rule that allows the agent to take some action such as this. The information would surely seem relevant from a physician's point of view.

From what I'm reading you already have an attorney-I suggest that you listen carefully to what they say to protect the rights that you have. If you do not have an attorney I suggest you obtain one.

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Answered on 11/11/10, 7:12 am


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