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my pharmacy arrest

I started taking vicodin for a minor back injury a year ago.  The doctor that prescribed it was a close family friend and was fresh out of med school.  She was also my son's doctor.  She gave me 60 with 2 refills the first time.  After that, I kept asking for more and she never turned me down.  I wish she would have.  All I had to do was call her cell and she would call them immediately in to the pharmacy.  I still can't believe how easy it was and this went on for 8 months.  During this time period, she started using another doctor's name and DEA number, which I assumed she had permission to do.  I figured she was a doctor and why question it?  Well, it turned out that she didn't have permission and that her liscense had not been renewed.  She was pretending to be this other doc when calling my scripts into the pharmacy.  See where this is headed???
To make a long story short, the pharmacy (Walgreens) thought I was the one using this other doc's name to call vicodin in for myself.  I NEVER called anything in myself, it was always my doctor/friend.  Next thing I know, I go to pick up a prescription and the cops were there within a minute to arrest me for "obtaining a controlled substance by fraud".  I am now in a HUGE legal battle and my doctor/friend isn't doing her part in coming clean with what really happened.  Her mistake = my arrest.  
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Avatar universal
well it was too good to be true .sorry you got caught.  she must have a problem herself or I wouldn't think she do it otherwise.  she didn't get caught there no loyalty in the world of drugs thats for sure every person for themselves sort of like a sinking ship you dig.
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Ok. Sorry. I wish you nothing but well, truly. I am a jerk at times.
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The above comment should answer your questions.  I do have an excellent attorney and I am going to fight this battle.  He actually talked to the prosecutor last week as well and we are just now (Friday) presenting them with some very good "counter" evidence.  I don't see how there is any way I could be convicted.  How could they prove something that never ever happened?!
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did she loose her liscence for writing too many narc scripts.  I bet she did this for someone else if so.  Maybe you could catch her that way.  She may even have a problem of her own.
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Im with you.  I know they get all excited to catch a "junkie" that they probably just rushed the gun.  Arrest now make the case later.  Very scary.  Addiction will really make you do strange things.  I have been there myself - wanting to go and get a fake script.  It's like all sense goes out the window and nothing else matters.  Could I work for websters?  Jenny, your a trip.  Take care everyone.  Im taking kids to the park.
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Avatar universal
If this had been going on for awhile did you notice the dr's name of the script was not her name? Was she doing this as a special favour for you? Did she every give you a physical or have a office visit with you?
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lol....ya know, the funny thing is....I'm supposed to work for the State when I graduate. The deal is they pay for some of my schooling, and I give some time back to them. BUT after all the **** I saw going on at the State's atty's office, I am not so sure I want to work for them. I saw alot of innocent people, TRULY innocent people cop out to pleas cuz they just didn't have the money to pursue a trial, or were just scared to take a chance at a trial.
The State supresses so much evidence....EXONERATING evidence...and its so wrong. I'm not saying that it doesnt happen in reverse sometimes, meaning some guilty people walk on some technicality, but I think it sucks MORE when an innocent person gets sent to jail for a crime they never committed.
And I have seen it happen, first hand. There is one case that will always stick with me...don't want to go too much into detail with it now, but this guy was 100% innocent, and we knew it....and still pretty much forced this poor guy into a plea. Too hard to explain how one can be forced..but believe me, it happens. We had so much of his exonerating evidence supressed that if he did take his chance and go to a jury trial, a potential jury wouldn't have ever heard alot of the evidence in his favor. He ended up pleading out and the charge he pled to really ruined his life. He didn't go to jail, but his life is ruined just the same. Its sickening what the State can do sometimes.
But in this girl's case....I really think they don't have SQUAT on her. Totally circumstantial. There's way too much for them to meet their burden. If I were her, I'd stick to my innocence and I bet they dismiss it.
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Avatar universal
I have met with my attorney (one of the best in the state), my doctor, my parents and her attorney and she admitted in front of all of us that she called in every prescription.  Now we need to depose her, a process we started on Friday.
I didn't think it was possible for me to get arrested for something I DID NOT DO!!!  But it is.  It happened.  The cops called the doctor whose name it was being called in under and of course, she said she knew nothing about it.  They said they were taking me to jail and they did.
I have done extensive work and made extensive notes using my phone records. Friday, we did subpeona the doctor/friends's phone records and my attorney is going to take them to the prosecutor along with my records and notes.  I have nothing to hide!!!  I would gladly take a polygraph and I wouldn't be surprised if it comes to that.  There are SO MANY more details involved in this story but it would take forever to lay them all out.  Basically what the phone records will show is as follows:
I call my doctor/friend...
My doctor calls the pharmacy...
I pick up prescription
This will repeat itself over and over every time.  I have every reason to hope that this will be resolved and my name will be cleared but it will take a lot of work.  
You have to think about it from the state's point of view and mine separately.  I thought all along that my doctor had permission to call in scripts under this other doctor's name seeing as how they are friends and have worked together.  Not so.  I also had NO IDEA that my doc had failed to renew her medical liscense.  That is the problem.  So naturally, the pharmacy thought I was calling them in myself.  My doctor was pretending to be someone else and I think she has some serious mental problems.  
I HAVE talked to her.  I called her the next day and told her everything.  She has said over and over that she would "make this right" but now I think she is scared and knows she could easily lose her liscense.
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Avatar universal
The more I think about this..the more it just doesnt make sense. I'm not saying I don't believe you...I do. But I'm talking the whole arrest thing....wow this just does NOT make sense! I mean, they arrested you on barely any evidence! The State has the burden of proof..which means they have to PROVE YOU called them in, they have to prove YOU knew this other doctor, they have to prove YOU had access to his DEA#, And all that is really gonna be very hard to prove! Especially since you are innocent.
My advice to you: DO NOT make any plea bargains...they'll come at you with one, such as 'if you plead guilty, we'll give you probation, comm. service, and you would have to do some kind of treatment."
I know.....cuz I used to be in Law School, actually. I was a high honors law student working on my bachelor's in Political Science. I dropped out cuz things with my EX were so bad I couldnt concentrate on school. Plus, it wasn't easy going to Law School with bruises all over me......I am now remarried though and should really go back to finish I think. But, anyway, when I was a student, I did alot of work with the State's atty.'s office and I basically know how they think.....;)
I wouldn't take any deals, and I would stand firm on my innocence. If you need any more advice, I will say I AM NOT A LAWYER YET.....but I would be happy to give you some ideas on what the State thinks...... ;)
You'll be okay. I really think you will. This whole case is circumstantial.
Anyone else agree with me?
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Avatar universal
You are right...they CAN"T PROVE it. Sounds like you are on top of everything! Good!
BUT....now you mark my words....the State is ruthless...this I know first hand. They will STILL try and offer you a 'deal' if you plead out. Even when they KNOW they can't win..they still offer a plea. They usually do it as a last resort before dismissing it, too, just to let ya know. ;)
Its like a game to them....they try that one last chance to get a conviction, hoping you don't figure out that they CAN'T. So, they offer a deal before they dismiss it.....
In your case, it sounds like that is exactly what they will try. There is no evidence other than phone calls..and they surely can't prove you called.
Not to mention, they are gonna have a hell of a time proving you even knew that other doctor, or had any access to her DEA#. That's really gonna be tough, not to mention, since you truly are innocent, they are going to realize they have no case.
Listen to your attorney....I bet he validates everything I am telling you. And if he's really a good attorney, he won't let you cop out to anything.
Just hang in there sweetie....the truth and God are on your side! :)
It'll be okay.

Jenny
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What a mess!!!  Maybe it happened so you would quit.  I know everything has a place and a reason.  Great outcome, terrible process.
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Your friend prescribes you meds whenever you want, uses another doc's dea number, and now to save your ungrateful hide, she has to take the fall. Typical it's the American way. Lets take some responsibilty here! Good Lord! Sorry, I could't keep my mouth shut. I have a lot to learn about sitting back and listening, but gimme a break! Now the person who had nothing to gain but helping her friend has psychological problems and let her license lapse. I guess she can kiss her 12 years of school goodbye and be a pathologist if she is lucky. This makes me mad. I am picking up the rope again! Superglyde, where are you when I need you? Bowhunter? Anybody who can get me to shut my mouth? DUH, Doc was in the wrong, but you are the victim?
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Funny you use the word culpability.  That was the exact word my doctor used when she sat in the office with me and our attorneys.  She said I was not guilty of anything and that she would make this right.  She is making a statement during her deposition, saying that she made a mistake, which caused me to be arrested.  
I already said that duh, of course I played a part in this. And nobody forced pills down my throat, lol.  BUT I didn't know that my doctor was doing anything illegal that could get me in to trouble.  
I had the vicodin for a legitimate injury and it turned into an addiction.  
I don't care whether you support me or not because so far, you haven't said anything worthy.  You don't even know the whole story and I am not wasting anymore time.
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Avatar universal
You really don't know what you are talking about.  I never once mentioned the workd "victim" that came out of you, manonfire!  Also, I didn't post this as a pity story, I posted it to get it out there because it the the TRUTH, it is MY story and I am trying to put all of this awful pill addiction-related **** behind me!!!!!!!!!!!!!!!!!!!!!!!!!
Yes, of course I played a part in this and I PAYED a great deal for it.  Now my doctor/friend is hiding out and won't own up to her part.  I have talked to her many times and she says she will "make it right".  
If she would have just told me, "no, I can't do any favors for you because my liscense has expired", everything would be fine.  Instead, she made a very bad choice and SHE IS THE ONE RESPONSIBLE FOR HER POSSIBLE LOSS OF HER MEDICAL LISCENSE.
In the future, if you don't have anything nice to say, don't say anything at all.
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Avatar universal
Ok, sorry to call it like I see it. I'll shut up now and let you blame the doc for your addiction. She just shoulda told you no. I'll post whenever I see someone letting someone else take the blame. Who really cares who called who a victim. I don't. If you need help with your addiction, I'll support you. I'll even support the fact that the doc screwed up too by giving you the dope. But I won't let you off the hook for your culpability in this. And Brother/Sister you have some! I bet she wasn't forcing those pills down your throat. Take your share of the blame. If you don't want to hear my ****, page down and ignore all I have to say. Unfortunately, you caught me on a night where I just can't keep my mouth shut. Sorry I wasn't TOTALLY on your side. I still support and respect that you want to do something about your addiction. Call em like I see em. Do you REALLY want advice from someone who won't tell you that you are wrong? If so, don't pick me. I won't post anymore to you unless u ask what I think. Fair enuf. Good luck with your struggle, I mean that.
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If what your saying is true you need a good lawyer.
Without a good lawyer in court it could get bad for you.....
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If you get a good enough lawyer, you should be able to beat this. Offer to take a polygraph...I know the cops really go by those. My whole FAMILY are police officers in Chicago. My uncle is a Capt. and had told me that they really rely on those polys. What about phone records? Your doc friend called them into the pharmacy, right? Well, they should be able to subpeona phone records to prove it wasn't you calling in the scripts.
This whole arrest sounds very circumstantial to me. I think you'll be okay.
Have you called your doc friend and confronted her? what if you call her, and have the cops listen in....and just start yelling at her for this and she'll probably admit it to you cuz she wont think anyone is listening in. That's what I would do, anyway. I'd call her and have the cops listen to the conversation.
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