Can I be charged with fraudulently obtaining a controlled substance (script fraud) if the actual medication was not provided by the pharmacy before my arrest?

A person commits what is commonly called prescription fraud if they obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception, or theft. It also is a crime to attempt to obtain a controlled substance by fraud or deceit, etc. The crime of attempt is considered complete when you knowingly present an altered prescription to the pharmacist. It is not necessary that the pharmacy actually provide the medication in order for you to be convicted of attempt. The state must prove that you acted knowingly or intentionally when you tendered the prescription. This can be established by circumstantial evidence, meaning by considering the circumstances surrounding your conduct. In Arkansas, where you are from, the courts have held that the necessary intent for attempted prescription fraud is established at the time you present a phony prescription to the pharmacist. The penalties for attempted prescription fraud are somewhat less than for the completed crime, but both are felonies that can result in prison sentences. Your best bet is to seek out an experienced drug defense lawyer in your area who can advise you as to the likelihood that the state will be able to prove you had the intent to commit the crime.