Busted doctor shopping...how likely that DEA will step in?
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Thread Starter
Join Date: Apr 2011
Location: Beaufort, SC
Posts: 2
Busted doctor shopping...how likely that DEA will step in?
I'm new here, and this question might have been asked before but every situation is different...I've been addicted to pain meds since 2006. I finally sought treatment in March 2010 and was put on Suboxone, which allowed me to FINALLY break my physical addiction. I had "doctor shopped" from 2006 until 2010, using my gastro issues and throat issues as excuses, and used my insurance. I never got confronted by an dr, pharmacist or my ins co. Unfortunately I immediately relapsed after weaning myself off Suboxone October of last year and I relapsed HARD. Apparently I saw 10 doctors in less than 30 days at one point and I was constantly in dr offices from October until the very beginning of March this year. I abuse because my anxiety gets so overwhelming that I become completely consumed by it and literally shut down - taking the pain meds gave me that euphoric feeling that allowed me to float through any stressful situation and handle it with ease - I've never been able to do that sober. By the end of February doctors were starting to inform me that my insurance company had contacted them about all the other doctors I'd been seeing and they had been told to no longer issue me narcotic meds. Pharmacies followed thereafter - refusing to fill my scripts. I went back to my Suboxone treatment facility, been sober 2 months now, but was just informed by my addiction counselor that the DEA are very likely to conduct and investigation and there is the possibility I might go to jail. I am DEVASTATED. I didn't know if ANYONE out there knew at what point the DEA does step in, how they conduct their investigation or any useful information...I am a good person who unfortunately is an addict, but I am also a mother, a wife, a daughter, a granddaughter...I am willing to accept the consequences of my actions, I am ashamed, but I am TERRIFIED of losing everything....PLEASE HELP IF YOU CAN!
Member
Join Date: Dec 2010
Posts: 3,677
Hi there cotes:
I am not a lawyer, so this is not legal advice. But as a medical paralegal, I can tell you that the court system really "appreciates" someone who has demonstrated an understanding that they are ill and have sought medical help, AND are under current treatment for it.
My suggestion, NOT ADVICE, is to get yourself to a legitimate treatment facility, even though you are already clean, get your diagnosis on your medical record, and demonstrate CURRENT clean urines. Your subox facility sounds like it hasn't given you that advice, and I wonder why not.
If you can demonstrate that you are NOT buying off the street, as shown by the clean urines, and you are under treatment for a disease, I think it is far more likely you won't get in trouble.
Having said all that, I would get with an attorney right away and see if what I am suggesting is not good advice. All this information I have just shared with you comes straight out of a case in one of the most hard-ass district in this country, NYC.
You can get a handle on this, and in the long run it will keep you from relapsing, would be my guess. Relapsing in jail doesn't sound nearly as nice as what you can do to prevent it.
I am not a lawyer, so this is not legal advice. But as a medical paralegal, I can tell you that the court system really "appreciates" someone who has demonstrated an understanding that they are ill and have sought medical help, AND are under current treatment for it.
My suggestion, NOT ADVICE, is to get yourself to a legitimate treatment facility, even though you are already clean, get your diagnosis on your medical record, and demonstrate CURRENT clean urines. Your subox facility sounds like it hasn't given you that advice, and I wonder why not.
If you can demonstrate that you are NOT buying off the street, as shown by the clean urines, and you are under treatment for a disease, I think it is far more likely you won't get in trouble.
Having said all that, I would get with an attorney right away and see if what I am suggesting is not good advice. All this information I have just shared with you comes straight out of a case in one of the most hard-ass district in this country, NYC.
You can get a handle on this, and in the long run it will keep you from relapsing, would be my guess. Relapsing in jail doesn't sound nearly as nice as what you can do to prevent it.
Member
Join Date: Feb 2006
Location: Colorado Springs, CO
Posts: 2,391
I agree with failedtaper.
I went through a mental health court and I had started rehab before I even got there. That judge was awesome. I laid it all out on the table.
IME, the big boys don't want the small timers.
I went through a mental health court and I had started rehab before I even got there. That judge was awesome. I laid it all out on the table.
IME, the big boys don't want the small timers.
Your attitude, not your aptitude, will determine your altitude
Join Date: Dec 2006
Location: Oxnard (The Nard), CA, USA.
Posts: 13,955
Well done on 2 months being clean. I was able to find the law that you may or may not have violated. Best to keep working on your sobriety and see if you are charged with a violation or not. Think plea deal if charged.
SECTION 44-53-40. Obtaining certain drugs, devices, preparations or compounds by fraud, deceit, or the like.
(A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:
(1) fraud, deceit, misrepresentation, or subterfuge;
(2) forgery or alteration of a prescription;
(3) falsification in any manner of any record of sale required by law;
(4) use of a false name or the giving of a false address;
(5) concealment of a material fact; or
(6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused.
South Carolina Code of Laws
(Unannotated)
Current through the end of the 2010 Session
(Unannotated)
Current through the end of the 2010 Session
SECTION 44-53-40. Obtaining certain drugs, devices, preparations or compounds by fraud, deceit, or the like.
(A) It is unlawful for a person to obtain or attempt to obtain a drug or device as defined by Section 39-23-20, or any pharmaceutical preparation, chemical, or chemical compound that is restricted in regard to its sale at retail by:
(1) fraud, deceit, misrepresentation, or subterfuge;
(2) forgery or alteration of a prescription;
(3) falsification in any manner of any record of sale required by law;
(4) use of a false name or the giving of a false address;
(5) concealment of a material fact; or
(6) falsely assuming the title of or representing himself to be a person authorized by the laws of this State to possess such drugs, pharmaceutical preparations, chemicals, chemical compound, or devices.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned not more than two years, or both for a first offense. Conviction for a second or subsequent offense, is a felony and the person must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
A person must not be convicted of a criminal offense under this section unless it is shown by clear and convincing evidence that the drug, pharmaceutical preparation, chemical, chemical compound, or device would not have been obtained but for the fraud, deceit, misrepresentation, subterfuge, forgery, alteration, falsification, concealment, or other prohibited act allegedly practiced by the accused.
Member
Join Date: Sep 2007
Location: Atlanta
Posts: 31,179
(((Cotesworth))) - Welcome to SR!!
Though I was charged with a different felony (obtaining controlled substances through fraudulent means), it was my first time in trouble with the law, and I was put on a first offender basis...no more charges and it would be erased from my file.
I was an RN, was told by my employer the DEA would be notified, but I never heard from them. Unfortunately, I continued using, was put back in jail for violation of probation, but I finally cleaned my act up and was released off probation 16 months early, and have no felony.
I agree with doing whatever you have to do to show you are active in recovery, even if that means getting into a treatment center.
I also had $4000 of tickets hanging over my head, from when I was out using. By the time I saved $1000, went to the judge and was prepared to make a payment plan, I'd been clean for over a year, and he dismissed the other $3000 in tickets, said "keep up the good work". I was very honest about my addiction, and my recovery, working 2 jobs, and I'm blessed that he gave me a break.
The one thing you DON'T want to do is ignore this. Talk to a lawyer (mine was a court-appointed one, as I was broke) and throw yourself into recovery. I promise, it will only get worse if you don't find recovery. Though I'm still working at low-paying jobs, my life is incredibly better and I don't have that "heart stopping" feeling every time I see a cop.
Hugs and prayers,
Amy
Though I was charged with a different felony (obtaining controlled substances through fraudulent means), it was my first time in trouble with the law, and I was put on a first offender basis...no more charges and it would be erased from my file.
I was an RN, was told by my employer the DEA would be notified, but I never heard from them. Unfortunately, I continued using, was put back in jail for violation of probation, but I finally cleaned my act up and was released off probation 16 months early, and have no felony.
I agree with doing whatever you have to do to show you are active in recovery, even if that means getting into a treatment center.
I also had $4000 of tickets hanging over my head, from when I was out using. By the time I saved $1000, went to the judge and was prepared to make a payment plan, I'd been clean for over a year, and he dismissed the other $3000 in tickets, said "keep up the good work". I was very honest about my addiction, and my recovery, working 2 jobs, and I'm blessed that he gave me a break.
The one thing you DON'T want to do is ignore this. Talk to a lawyer (mine was a court-appointed one, as I was broke) and throw yourself into recovery. I promise, it will only get worse if you don't find recovery. Though I'm still working at low-paying jobs, my life is incredibly better and I don't have that "heart stopping" feeling every time I see a cop.
Hugs and prayers,
Amy
i've done my almost
Join Date: Aug 2009
Location: Atlanta, GA
Posts: 1,934
Hi CW-
You're going to get into some trouble for sure.
How much is to be determined, but I'd be calling a lawyer.
Also, I would either check into a inpatient rehab or at least an outpatient rehab center. Do you for you as you've got to get better, but it'll help your upcoming troubles.
Are you sober now?
Kjell~
You're going to get into some trouble for sure.
How much is to be determined, but I'd be calling a lawyer.
Also, I would either check into a inpatient rehab or at least an outpatient rehab center. Do you for you as you've got to get better, but it'll help your upcoming troubles.
Are you sober now?
Kjell~
Forum Leader
Join Date: Dec 2008
Posts: 10,944
In South Carolina, that would the SLED territory (South Carolina Law Enforcement Division). Drug possession charges seem to take a while to work their way through the system, but I'm not sure about shopping for drugs. I agree that consulting an attorney might be wise!
Member
Join Date: Sep 2007
Location: Atlanta
Posts: 31,179
(((CW))) and (((confused))) - I agree with ((HG)) that drug charges take their time to get through the system. I wasn't actually brought into court until almost a year after my charge. I violated probation because I never WENT...too busy using. Luckily it wasn't another charge. I then relapsed, and my dad threatened to call my PO, and I knew I was looking at another charge and prison. THAT'S what finally spurred me into recovery.
Getting a lawyer's advice, and doing everything you can for recovery (for YOU, not just to try to get out of trouble) is the best option, IMO. You don't have to follow the same path I did...trust me, it wasn't worth it.
Hugs and prayers,
Amy
Getting a lawyer's advice, and doing everything you can for recovery (for YOU, not just to try to get out of trouble) is the best option, IMO. You don't have to follow the same path I did...trust me, it wasn't worth it.
Hugs and prayers,
Amy
Member
Join Date: Mar 2009
Location: Dayton, OH.
Posts: 879
Harsh reality is you did it, you must accept the consequences. Get you a lawyer and get ready. Sometimes jail is the consequences of our actions. I don't think you'll get much help from us, we're not lawyers. Plus, you cannot panic. Deep down you knew you would get into trouble. Bright side, you're one person. They aren't likely to slam you hard and probably will accept a plea bargin. Do your time, learn from the mistakes, and hopefully this will push you to stay clean and sober once and for all. Every addict's bottom is different. I am disappointed you did not put this much effort into your recovery though. I do realize it's not easy, but it would have been so much easier if you had worked as hard on your recovery as you are on how to get out of "paying the piper".
Not trying to be mean to you, just realistic. Hang in there. It will get better, eventually.
Not trying to be mean to you, just realistic. Hang in there. It will get better, eventually.
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