Prescription Fraud Defense in Summerville
Former Prosecutors Focused on the Records & Alleged Deception
A prescription fraud allegation can turn on precisely how a prescription was obtained, altered, presented, or filled. Whether you’ve been contacted by law enforcement, questioned after a pharmacy refusal, arrested, or formally charged, we examine the alleged act and the records the state may use to build its case.
At TMW Law, we represent clients in criminal defense and fraud matters. Our attorneys include former prosecutors and former Assistant Solicitors in Dorchester County, giving us direct insight into how the state evaluates evidence, develops charges, and prepares for court. With more than 40 years of combined legal experience, we build an individualized defense around the charge, the available evidence, and your circumstances.
Call (843) 891-6100 to schedule an initial consultation with our Summerville prescription fraud attorneys and discuss the allegation, available records, and your next legal steps.
How Former-Prosecutor Insight Shapes the Defense
These cases often rely heavily on documents, but a record doesn’t necessarily reveal the full circumstances. We assess what the prescription says, who allegedly created or changed it, what authority was represented, and whether the alleged conduct caused medication to be dispensed.
Our former-prosecutor perspective also helps us anticipate how the state may interpret pharmacy records, witness accounts, and communications.
What We Review at the Start of Your Case
We begin by listening to your account and reviewing the materials you’ve received, which may include charging documents, subpoenas, letters, or other notices connected to the investigation or prosecution. As the case progresses, we keep you informed about developments, prosecution proposals, the strengths and weaknesses of the evidence, and potential trial risks. Our boutique structure allows us to provide direct, personalized representation in Summerville and surrounding communities throughout Dorchester, Berkeley, and Charleston counties.
Materials that may help with an initial review include:
- Charging documents, warrants, subpoenas, or court notices
- Prescriptions, pharmacy paperwork, or related medical records already in your possession
- Messages, emails, call records, or other relevant communications
- A timeline of contact with the prescriber, pharmacy, or investigators
What South Carolina Law Prohibits
South Carolina Code Section 44-53-40 prohibits obtaining or attempting to obtain certain drugs, devices, preparations, or compounds through fraud, deceit, misrepresentation, or subterfuge. Prohibited conduct can include prescription forgery or alteration, falsified sale records, use of a false name or address, concealment of a material fact, or a false claim of authorization.
A first offense is a misdemeanor that may carry a fine of up to $500, imprisonment for up to two years, or both. A second or subsequent offense is a felony that may carry a fine of up to $2,000, imprisonment for up to five years, or both. The consequences depend on the charge, the evidence, prior history, and how the case is resolved.
The statute also requires clear and convincing evidence that the drug or other restricted item wouldn’t have been obtained but for the prohibited act. This standard requires evidence that produces a firm belief in the claim. As a result, the connection between the alleged deception and the dispensing decision may be central to the case.
Evidence That May Shape a Prescription Fraud Case
Potential evidence includes prescription forms, pharmacy records, dispensing histories, prescriber or pharmacist statements, messages, call records, and information about the identity or authorization used. The significance of each record depends on its accuracy, timing, context, and connection to the alleged conduct.
South Carolina’s prescription monitoring program collects dispensing information for Schedule II, III, and IV controlled substances. Reported data can include the prescription date, quantity, patient and prescriber information, and dispensing details. We examine whether those records are complete and whether the conclusions drawn from them match what occurred.
Key Issues We Examine When Building a Defense
No single defense applies to every case. We consider what the prosecution must prove, how investigators obtained the evidence, and whether the records support the allegation.
Important issues may include:
- Knowledge and intent: Whether the accused knowingly used deception to obtain medication
- Authorization: Whether the prescription or possession of the medication was lawfully authorized
- Causation: Whether the alleged act caused the medication or restricted item to be obtained
- Record accuracy: Whether pharmacy, prescriber, or electronic records are incomplete, inaccurate, or taken out of context
- Investigative procedures: Whether evidence obtained through a search, seizure, questioning, or electronic record request can lawfully and reliably be used
Discuss the Allegation Before Making Your Next Move
An initial consultation gives you an opportunity to explain what happened, identify documents or communications that may matter, and understand the legal steps ahead. Drawing on our former-prosecutor perspective and local courtroom experience, we can assess the charge, the evidence, and the circumstances specific to you.
Contact TMW Law at (843) 891-6100 to schedule your consultation and begin reviewing your prescription fraud charge.
