Prescription Fraud Defense Lawyer in Boston

Protect Your Reputation and Your Freedom by Calling (617) 941-3666

If you have been accused of prescription drug fraud, the situation can feel urgent and confusing. A conviction can affect your freedom, your job, and your future. When you search for a prescription fraud attorney in Boston, you are looking for clear answers and fast help, not more legal jargon.

Degiacomo & Mikhlin, P.C. defends people charged with prescription-related offenses in courts in and around Boston. Attorneys James G. DeGiacomo and Sergey Mikhlin are former prosecutors who now focus their practice on defending criminal cases.

Don't let a mistake ruin your career. Call (617) 941-3666 or contact us online for a free initial consultation with a prescription fraud attorney in Boston. We offer nearly a decade of legal experience and are available 24/7 to take your call.

Understanding Prescription Fraud Laws in Massachusetts

In the Commonwealth, prescription drug crimes are primarily governed by Massachusetts General Laws Chapter 94C, Section 33. This statute broadly prohibits the use of "fraud, deceit, or misrepresentation" to obtain controlled substances. Unlike simple possession, which might be treated with more leniency, fraud charges imply a level of calculation that prosecutors often use to seek harsher penalties.

Commonly prosecuted activities under this statute include:

• Forging or Altering a Prescription: Physically changing the quantity of a pill, the dosage, or the number of refills on a legitimate script, or creating an entirely counterfeit prescription pad.
• "Doctor Shopping": Visiting multiple healthcare providers to obtain multiple prescriptions for the same or similar controlled substances without disclosing your previous visits.
• Impersonating a Medical Professional: Calling a pharmacy while pretending to be a doctor, nurse, or medical assistant to "authorize" a prescription.
• Theft of Prescription Pads: Stealing a physician's pad to write unauthorized scripts for yourself or for the purpose of illegal distribution.

Our team knows that these charges often involve drugs like OxyContin, Xanax, Adderall, or Percocet. Because these are categorized into different "classes" (Class B through E) under Massachusetts law, the specific drug involved will dictate the severity of the prosecution's approach.

Penalties and Collateral Consequences of Prescription Fraud Convictions

A conviction for violating M.G.L. c. 94C, § 33 is a felony. The direct criminal penalties are daunting:

• Prison Time: For a first offense, you face up to four years in state prison or up to two and a half years in a house of correction.
• Hefty Fines: The court can impose fines of up to $20,000.
• Enhanced Penalties: If you have prior drug-related convictions, the mandatory minimum sentences and maximum penalties increase significantly.

The "hidden" costs of a conviction—the collateral consequences—can be even more devastating. A felony fraud record can lead to the immediate revocation of professional licenses (especially for those in the medical, pharmaceutical, or legal fields). 

Furthermore, you may face a loss of driving privileges and a permanent mark on your CORI (Criminal Offender Record Information), which can bar you from housing and future employment opportunities in Boston’s competitive job market.

Court Process for Drug Cases in Boston

Facing a prescription fraud charge in Boston can be overwhelming, especially when the court process is unfamiliar. Understanding how these cases typically move through the Massachusetts courts can help reduce uncertainty and allow you to make informed decisions as your case progresses.

• Cases often begin with an arraignment in Boston Municipal Court or another District Court, where charges are read and release conditions such as bail or recognizance are addressed.
• After arraignment, cases may proceed through pretrial conferences, discovery, motion hearings, and, in some situations, indictment and transfer to Suffolk Superior Court.
• Attorneys explain each stage in advance, including which court will handle the matter, required appearances, and the purpose of each hearing.
• Defense efforts focus on challenging questionable evidence, filing appropriate motions, and identifying opportunities for negotiation.
• Some cases involve related driving or license issues, including OUI charges or RMV hearings, which are handled alongside the criminal case to protect clients’ ability to drive when possible.

Why People Turn to DeGiacomo & Mikhlin

Choosing a lawyer for a prescription fraud case is not only about legal knowledge. It is also about having an attorney who will pick up the phone, explain what is happening, and listen when you are worried. Many clients choose Degiacomo & Mikhlin, P.C. because they want both strong advocacy in court and steady support outside of it.

Attorneys James G. DeGiacomo and Sergey Mikhlin bring their former prosecutor experience to each criminal case. They understand how the Commonwealth develops prescription fraud allegations, which records are likely to be important, and which shortcuts sometimes appear in investigations. Clients often feel more confident knowing that their attorneys can anticipate the prosecution’s tactics and challenge weak points early.

Responsiveness is a core part of how the firm operates. They are available 24 hours a day, and callers frequently receive a return call within a short period of time. Throughout the case, the attorneys work to make the process feel understandable instead of overwhelming. The firm’s focus on detail and preparation helps clients feel that nothing important is being overlooked in defending against serious charges in and around Boston.

How Our Attorneys Defend Prescription Fraud in Boston

Defending a prescription fraud charge in Boston requires a careful review of the evidence, a clear understanding of how these cases are prosecuted, and consistent communication with the client. Our attorneys focus on identifying weaknesses in the Commonwealth’s case while keeping clients informed and prepared at every stage.

• Analyze medical records, pharmacy logs, police reports, and digital communications to evaluate the strength of the evidence.
• Examine how the investigation began, including issues of probable cause, searches, and seizures, to determine whether evidence was lawfully obtained.
• Assess whether the evidence truly shows intent to deceive or whether alternative explanations, such as medical misunderstandings or addiction-related factors, may apply.
• Identify overcharging or unsupported counts and consider appropriate motions to suppress or dismiss evidence where warranted.
• Explain defense strategies, motions, and plea negotiations in plain language so clients understand the reasoning and realistic outcomes.
• Use regular experience in Massachusetts courts and familiarity with local prosecutors to advocate effectively and challenge weak or unsupported allegations.

Because Degiacomo & Mikhlin, P.C. focuses on criminal defense, the attorneys are in Massachusetts courts on a regular basis. They understand how local prosecutors tend to approach drug-related and fraud-related cases. That practical courtroom experience, combined with careful preparation, allows them to advocate confidently before judges when challenging weak evidence or unsupported allegations.

Talk With a Prescription Fraud Defense Attorney About Your Case

If you are facing a prescription fraud accusation in the Boston area, getting reliable information quickly can make the situation feel more manageable. A conversation with an attorney can help clarify what the charges mean, what may happen in court, and what options you may have for moving forward.

At Degiacomo & Mikhlin, P.C., you can speak directly with an attorney who defends criminal cases across Massachusetts and who understands how Boston courts handle prescription and drug-related allegations. The initial consultation is free, and the discussion is confidential. You can ask questions, share your concerns, and learn how the firm would approach your defense.

Call (617) 941-3666 or reach out online now to speak with an attorney about your prescription fraud case.