If you are under investigation or have been arrested for prescription fraud, you already know how quickly life can change. A prescription written, filled, or used the wrong way can turn into a felony accusation in Texas, and the consequences can reach far beyond the courtroom. You may be worried about jail, your record, your license, and your future.
At Lance Kennedy Law, we represent people facing serious state and federal criminal charges, including allegations involving prescription drugs. Our principal office is in Austin, and our attorneys appear regularly in courts across Central Texas. We understand that you need clear information, steady guidance, and a defense team that knows how these cases are really built.
Our team includes multiple former federal and Texas prosecutors who now defend individuals accused of crimes. We draw on that experience to evaluate the government’s case, identify weaknesses, and protect our clients at every stage.
If you are facing prescription fraud charges, we encourage you to reach out by calling (737) 324-7540 for a confidential consultation to discuss your situation and options.
Understanding Prescription Fraud Charges
Prescription fraud covers a range of conduct under Texas law and, in some situations, under federal statutes. In plain terms, it involves obtaining or attempting to obtain controlled substances by deception, misrepresentation, or other unlawful means. These cases often arise from patterns that pharmacies, doctors, insurers, or law enforcement believe show abuse or diversion of prescription medications.
Common scenarios that can lead to prescription fraud charges include:
Using multiple doctors to obtain the same controlled medication without proper disclosure, sometimes called doctor shopping.
Forging, altering, or creating prescriptions, including changing quantities, refills, or patient information.
Calling in or submitting false prescriptions using a provider’s name or credentials without authorization.
Using another person’s prescription medication or filling a prescription issued in someone else’s name.
Diverting medications from a clinic, hospital, pharmacy, or long-term care facility for personal use or sale.
In the Austin area, prescription fraud investigations may begin with pharmacies, medical practices, or insurers, then move to local police, county investigators, or state agencies. When conduct appears to cross state lines, involve large quantities, or connect to broader trafficking patterns, federal agencies such as the DEA may become involved.
Each case turns on specific facts, such as medical history, communication with prescribers, documentation, and how prescriptions were filled. As a prescription fraud lawyer, we look closely at what the government claims shows deception, and whether there are alternative explanations, missing context, or legal issues with how evidence was obtained.
Consequences Of A Conviction
A conviction for prescription fraud can carry significant criminal penalties. Depending on the substance, quantity, and circumstances, charges may be filed as misdemeanors or felonies under Texas law. Convictions can result in jail or prison time, fines, probation, and conditions such as treatment, drug testing, or community supervision. In federal court, sentencing is influenced by the United States Sentencing Guidelines and other statutory factors.
Beyond immediate punishment, there are long-term collateral consequences. A prescription fraud conviction creates a criminal record that can affect employment, housing applications, and professional opportunities. For non-citizens, certain drug-related convictions may carry serious immigration consequences. Even when jail is avoided, the record itself can follow you for years.
For healthcare professionals, the stakes are particularly high. Doctors, nurses, pharmacists, and other licensed providers may face reporting obligations, board investigations, and potential disciplinary action. Allegations of diversion or fraudulent prescribing can threaten a career built over many years. Students in healthcare, pharmacy, or related programs may see their educational and licensing paths placed at risk by a criminal case.
Our firm has handled thousands of criminal cases across Texas, and we understand that protecting your future involves more than addressing the next court date. We work to identify consequences that matter in your life, whether that is a medical license, a security clearance, a scholarship, or employment in a regulated field. That perspective shapes how we approach negotiations with prosecutors and how we prepare for trial if necessary.
What To Do If You Are Accused
Learning that you are under investigation or being charged with prescription fraud can be overwhelming. You may feel an urge to explain yourself to investigators, your employer, or others involved. Those conversations can have serious consequences, and what you say can be used as evidence.
If you are contacted or charged, consider these immediate steps:
Avoid making statements about the allegations to law enforcement, pharmacy staff, employers, or investigators without first speaking with counsel.
Do not alter, destroy, or attempt to clean up records, prescriptions, or digital communications related to your medical care.
Gather basic documents that may be relevant, such as prescription records, medical histories, and notices you have received, and keep them in a safe place.
Write down details about how you learned of the investigation or charges, including dates, contact names, and what was said.
When you reach out to our firm, we talk with you about what has happened so far, any upcoming deadlines or court dates, and your immediate concerns. We review available documents, such as arrest reports or charging instruments, and begin evaluating the government’s theory. As a prescription fraud attorney, our role includes managing communications with prosecutors or investigators so you are no longer facing them alone.
I appreciate his compassion and proactive strategy that got my son the best possible outcome.
“Lance took the time to talk to me explained the process and scenarios, he answered all my questions I felt completely confident he was the one we needed to represent my son.”
- Jenny B.
I highly recommend Lance for your legal needs.
“Lance Kennedy Law provided excellent service when I needed legal representation for a family member. Their communication was prompt, keeping me up to date on our case.”
- Sandy S.
All in all, I’d give him a 10/10! Great job!
“He was very professional, answered all my questions in a timely matter. Even on the same day”
Do I need a lawyer before talking to investigators?
Yes, you should speak with counsel before answering questions. Investigators and prosecutors are trained to use statements to support their case. As former prosecutors, we understand how interviews are used, and we work to protect your rights and manage those communications strategically.
Can I go to prison for first-time prescription fraud?
Prison is possible in some cases, even for a first offense, because many prescription fraud charges are felonies. The actual risk depends on the specific allegations, your history, and how the case is handled. We assess those factors and explain realistic exposure for your situation.
How does your former prosecutor experience help my case?
Former prosecutors know how charging decisions are made and which facts matter most. We use that insight to identify weaknesses in the government’s theory, anticipate strategy, and present information that may influence negotiations or trial. That perspective guides how we analyze evidence and advise you.
Could my case move from state to federal court?
Some prescription cases remain in Texas state courts, while others draw federal interest, especially if conduct spans jurisdictions or involves larger schemes. We have experience in both systems, including federal court in the Western District of Texas, and we plan with that possibility in mind when appropriate.
Talk With Our Team About Your Case
If you are facing prescription fraud allegations in or around Austin, you do not have to navigate the criminal system alone. Our attorneys at Lance Kennedy Law bring federal and Texas prosecutorial background, Board-Certified Criminal Law experience, and substantial trial history to every case we accept.
If you were arrested for DWI, our firm can help you build a strategic defense to reduce or dismiss the charges against you. Some common legal strategies include:
Unlawful traffic stops. Police must have reasonable suspicion to pull you over, such as speeding or swerving. If the DWI stop was unlawful, we can challenge the evidence against you and fight for dismissed or reduced charges.
Lack of probable cause. Law enforcement must have probable cause to arrest you for DWI. If the officer arrested you without sufficient evidence of intoxication, we can file a motion to suppress all evidence gathered after the arrest.
Improper field sobriety tests. Standardized tests like the walk-and-turn or one-leg stand are frequently used to establish probable cause, but are often subjective and influenced by outside factors. We challenge the administration and accuracy of FSTs to prove they were improperly conducted or inconclusive.
Inaccurate chemical test results. Breath and blood tests can be inaccurate due to improper calibration or operator error. Medical conditions like diabetes and acid reflux can also mimic intoxication and cause false positives. We can identify any testing errors to dismiss inadmissible evidence from your case.
If you were charged with DWI on I-610, your driver’s license may be suspended unless you request an administrative license revocation (ALR) hearing within 15 days of your arrest. ALR cases are separate civil proceedings handled by the Department of Public Safety (DPS).
Failure to request a hearing within this timeframe can result in automatic license suspension, making it crucial to consult a knowledgeable DIW defense lawyer as soon as possible. Our lawyers can request an ALR hearing on your behalf and work tirelessly to restore your driving privileges.
No. While an aggravated DWI is not always a felony, it can elevate standard charges to a higher misdemeanor class or felony, depending on the specific aggravating factor involved.
We understand that facing criminal charges can be overwhelming and stressful. As dedicated federal criminal defense attorney with years of experience, I am committed to providing personalized legal counsel for your defense. My approach is tailored to meet your unique needs, ensuring that you have an ally to help get your life back.
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Get a Free Case Review
Let’s discuss your case, your goals, and what strategies are right for you.
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Resolve Your Case
I will lead you every step of the way. Together, we will fight for a dismissal.
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Get Your Life Back
Work to get the best results possible so you can get your life back.
Choosing the right criminal defense attorney in Austin is an important decision. At Lance Kennedy Law, our criminal defense attorneys understand the weight of this choice and the trust you place in your legal representative. Our promise to you goes beyond just words, it’s a tangible commitment to excellence, transparency, and relentless advocacy as we navigate your case together.
