QUESTION
Can a passing and distribution of forged prescription be dismissed at the preliminary hearing?
Asked on Apr 24th, 2013 on Criminal Law - Georgia
More details to this question:
My wife and I were arrested for passing and distributing a forged prescription. I called my doctor and he asked to speak with the police. The pharmacy sent the doctor a fax about the prescription. We were arrested and we have $4000. I told the police that the money was for our rent. We have a letter from the doctor saying he tried to settle the matter with the police but they refuse to talk to him. I have a receipt showing I made the money legally.
4 ANSWERS
Michael J. Breczinski
It could possibly be dismissed, but give your lawyer copies of those documents.
Answered on Apr 30th, 2013 at 2:42 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Without knowing all of the facts and evidence in your case, it is difficult to accurately answer your question. However, if your doctor is willing to testify at the preliminary hearing that (s)he did, in fact, write the prescription, then there is a good chance of the charges being dismissed.
Answered on Apr 28th, 2013 at 9:47 PM
3 Awards
Sounds like you have a good case for dismissal and return of money if you do not have a lawyer, I would be happy to discuss representation often DAs are unwilling to do much when a lawyer is not involved, but sometimes they just do not do anything until the PH. Yes this can get dismissed at PH, but DA only has to show probable cause that you are guilty (very low burden) and the court must take all evidence in the light most favorable to the people (meaning that s/he can basically ignore your evidence) get a lawyer or public defender.
Answered on Apr 26th, 2013 at 2:18 PM
Thomas Edward Gates
You need to retain an attorney to assist you.
Answered on Apr 26th, 2013 at 2:09 PM