Florida’s Prescription Fraud Offenses

Florida is cracking down on prescription fraud. In an attempt to decrease the number of Floridians who treat with several physicians to obtain the same prescriptions, police are making more and more arrests for violations of Florida Statutes Section 893.13(7) (a) (8), which makes it a felony for a person to treat with more than one physician to obtain the same medication before a prescription refill is permitted.

Multiple Florida statutes, in fact, have been enacted over the years to attempt to halt fraud relating to prescription drugs. As is reported every day, Florida law enforcement is making the curbing of such fraud a priority. Florida’s Comprehensive Drug Abuse Prevention and Control Act makes it is a 3rd degree felony (up to 5 years in prison and a $5,000 fine for a first offense) for one to obtain, or attempt to obtain, prescription drugs by fraud, forgery, or misrepresentation. The actual offense of prescription fraud is a crime of intent and action rather than one of possession. Commonly, prescription fraud is charged in addition to the possession offense.

Florida prosecutors, therefore, must prove that there was no Florida-licensed doctor on a prescription or that the doctor’s signature is forged or that the defendant misrepresented to the doctor the reason for the prescription. For example, the State may charge Defendant Doe, if the evidence shows that Defendant Doe lied to his doctor that he lost his prescription or that the prescription was stolen.

The Act further makes it a 1st degree misdemeanor for a defendant to possess a prescription that has not been signed by a Florida-licensed doctor. There are some exceptions for the doctor himself or herself, or an agent thereof, or a pharmacist or a supplier of the prescription pads. As touched on above, the prosecutor must prove beyond a reasonable doubt that the defendant had the intent to commit the crime – knew that the prescription was indeed phony.

The Comprehensive Drug Abuse Prevention and Control Act makes is a felony of the 3rd degree for a defendant to keep information from the doctor – for example, that he or she had the same type prescription written by another doctor within a month.

The problem we often see, from teenagers to senior citizens, is that those most often charged have genuine prescription pill addiction problems and need help as the addiction itself is a sickness. You may remember that years ago, even former Governor Jeb Bush’s daughter was arrested for prescription fraud.  Most of the time, the addiction does not start from using the prescriptions to get high, but from a legitimate injury or severe illness.

If you are charged with a prescription fraud offense it is critical that you speak with an attorney before speaking with anyone else, including law enforcement.
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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart Criminal Lawyer, talk to Prescription Fraud Defense attorneys at Law Offices of Van Riper and Nies Attorneys today!

What You Need to Know About Violation for Driving Without a Valid License in Florida

The penalties for driving without a valid license in Florida are serious.  The punishments for driving without a valid license include possible jail time and monetary fines. In addition, depending on the facts, such an offender may lose any chance of driving in the future.

In Florida, there are many reasons that may lead one to be caught driving without a license. Traffic violations are not the only reasons that can result in a suspended or revoked drive license.  Below are some circumstances that can result in license suspension or revocation.

•       Failure to pay child support or alimony
•       Failure to pay for car insurance premium
•       Failure to renew a driver’s license
•       Accumulation of 12 points or more on the driving record
•       Accumulation of unpaid traffic violations or tickets

Anyone can check to see if his or her license is valid by visiting the Florida Department of Highway Safety and Motor Vehicles site: www.6hsmv.state.fl.us/dlcheck/main.

Penalties for Driving Without a License

If you have been cited with Driving While License Suspended (DWLS) or Driving While License Revoked (DWLR), you should immediately contact a criminal defense attorney. Penalties depend on the reason why a driver ispulled over whether the driver’s license of the driver is revoked, suspended, or there is not license at all.

Under Florida Statutes Section 322.02 (“No Valid Driver’s License”), it is a 2nd degree misdemeanor criminal offense to drive in Florida without having a valid driver’s license, such offenses are punishable by up to 60 days in jail and a $500 fine.

If a driver is pulled over with a license revoked permanently, the fees go up to $5,000 and the driver will face a 3rd degree felony charge.

Although Florida does not have a motorcycle helmet law, it is a crime to operate a motorcycle without the proper motorcycle endorsement on a driver’s license, or to drive a commercial vehicle without the applicable commercial driver's license (CDL).

Defense of DWLS Charges:

It is critical that you speak with a criminal defense attorney as quickly as possible after you have been charged with such an offense.  In Florida, drivers who did not know their license was suspended can only be charged with a civil misdemeanor, and thus not a crime.  Make sure you have the right criminal lawyer to defend your legal rights today! Getting lawyer will surely help you with any DWLS charges. Your lawyer will explain what the charges are and what legal steps you should take to defend yourself.

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Timothy C. Nies leads the firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for Stuart FL Criminal Defense Attorneys, talk to Stuart FL criminal lawyers at Law Offices of Van Riper and Nies Attorneys today!

Florida Law Boat Inspections and Searches

United States Customs officers, as well as United States Coast Guard officers have the authority to stop any boats with access to the open sea for the purpose of safety and document checks, even if there is no probable cause or suspicion of any wrongdoing by the boat captain. Such search does not violate the 4th Amendment (Unreasonable Search and Seizure).  Further, random stopping of boats by the Florida Fish and Wildlife Conservation Commission Officers (formerly Florida Marine Patrol) for the purpose of checking registration, fishing permits and safety gear is also authorized.

If a boat is not stopped for the purposes explained above, it is necessary that the officers have reasonable suspicion of criminal activity to conduct such a stop. Without consent of the boat captain, marine patrol officers cannot further search the boat unless they have a reasonable suspicion that a crime has been committed or is about to be committed. Specifically, marine patrol officers may conduct limited searches based on reasonable suspicion and may conduct more thorough, “stem to stern” searches based on probable cause.

Officers of the Fish and Wildlife Conservation Commission are authorized to conduct inspections and searches without a warrant when officers have “reason to believe” (probable cause) that fish were taken in violation of the law, specifically the Saltwater Fisheries Law.

It is important to note that during these stops Florida marine officers can ask the boat captain (operator) to perform a breathalyzer or blood or urine test and/or other s obriety tests.  If you have been arrested for Boating under the Influence call our attorney, Christian Van Riper, a lifelong resident of Stuart, a former DUI prosecutor, and avid boater himself for free advice at (772) 283-8712. The Stuart FL criminal lawyers at Van Riper & Nies are ready to help you today!

Advice to Give to your Teenager About Sex & the Law in Florida

In Florida, Lewd and Lascivious Battery is defined, in part, as: sexual activity with a child older than 12, but younger than 16.

This means that if your 19 year-old son or daughter were to have any sexual contact with another who is 15 years old, your son or daughter may be found guilty of such a crime. The punishment in Florida is harsh. The minimum prison sentence is 7 1/2 years. The maximum is 15 years.

Further, if your son or daughter were convicted of Lewd or Lascivious Battery, he or she would be declared a "sexual offender" for life and would be compelled to comply with sexual offender registration laws in Florida and throughout the U.S.  I don't need to go into detail about how such a label will impact your child's ability to hold a job, buy a home, and to otherwise lead a normal life.

In Florida, consent is not a defense in such cases. Nor is lack of knowledge of victim's age a defense. The reason is because children under 16 do not have the ability to give consent to sexual activity. In fact, even if the victim lied to the defendant about his or her age, the defendant may still face the 15-year maximum sentence. By way of example, if your 19 year-old son or daughter goes to a party and meets a 15 year old, who appears to be, and lies that he or she is 17, and your son or daughter engages in any sexual conduct, your child may spend the next 7 1/2 to 15 years in prison and labeled a sex offender for life.

In these times, it may be difficult for your over 18 teenager to tell the difference between a 15 year-old and a 17 year-old, and may not be mature to stop and think if he or she is at a party with others of the same age and has been lied to about the victim's age. The best advice, of course, is to avoid any sexual relations with another until your son or daughter gets to know the other (and their true age), and to especially avoid sexual relations with someone they just met.

Many parents fortunately talk to their teenage sons and daughters about the criminal penalties of drinking and driving.  I believe that a good percentage of parents have had the discussion with their teenagers of driving age that if they drink alcohol, to call them to pick them up, no questions asked. By comparison, the maximum jail sentence in Florida for most DUI convictions is 6 months.  The minimum sentence following a Lewd and Lascivious Battery conviction, on the other hand,  is 7 1/2 years in prison.

I recommend having an open and candid discussion with your teenagers about the importance of not putting themselves in such positions and about the life-changing consequences of being convicted of such a crime and thereafter labeled a sex offender for life. If you do not tell them, it is likely that your teenager may not know about such laws, and assuredly would not know about the details such as ignorance of the victim's age being no defense. Click this link for the full text of the Florida law on lewd and lascivious battery, then talk to your son or daughter about it.

If your son or daughter is ever questioned by law enforcement, it is critical that he or she not speak with them before seeking the advice of an attorney. Remember, that you will not be able to be with your son or daughter during such interrogation. Most attorneys will speak with you for free day or night.

For more information about our criminal defense and civil litigation practice groups, please visit us at vanriperandnies.com.

What to do, or what not to do, when pulled over by a police officer on the road

One of the most panicking situations is hearing the sound of a police siren and bright flashing lights in your mirror. No doubt about it, whether you committed a crime, or not, here are important things you need to do, or not to do, when you are being pulled over by law enforcement.

First, of course, use your turn signal and pull over to the right side of the road if possible. Make sure you pull over in a safe place, even if it means driving a couple hundred more feet. Neither you, or the officer, wants to pull over where there is a higher chance of either of you being injured.

Second, turn off your car, and then slowly roll down your window. Wait till the officer tells you to retrieve your license and other paperwork. Do not rummage through your glove box looking for it as the officer may believe that you are either retrieving a weapon or disposing of drugs, etc.

Third, you should sit still while he is speaking with you. Do not reach for anything unless the officer tells you to.

Fourth, let the police officer talk first and follow his instructions. Do not argue with him. The officer will give you a chance to speak.If he does not, calmly ask if you can speak. By all means to not get angry or shout. This will get you nowhere.

Fifth, if he should give you a ticket, calmly accept it and review it before you sign it. Note that under most situations, if you refuse to sign the ticket (which is a notice to appear), you will likely be hauled off to jail. Signing a ticket does not mean that you are pleading guilty.

Sixth, it is wise to speak with an attorney if you received a ticket. In Florida, if you accumulate too many points on your license in a period of time, your license may be suspended, or even revoked.

Disclaimer: This article is intended to inform a reader about what to do and not to do when being stopped by a police officer. This article should not be construed as legal advice. Remember that each legal case is different and should be evaluated by an attorney-at-law. Consulting a criminal defense lawyer is advised.

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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups.  He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you you are looking for a Stuart criminal defense attorneys, go to Vanriperandnies.com. The Stuart criminal defense lawyers at Van Riper & Nies Attorneys, P.A. can help you today!

Five Basic Constitutional Rights All American Should Know if Arrested or Questioned by Law Enforcement Officers

The Constitution of the United States guarantees specific basic rights to citizens arrested or questioned by law enforcement. Some of the basic rights include the right to have a legal counsel, the right to remain silent, etc. You need to know your rights as enshrined in the Constitution. Below are some specific rights you should know in the face of criminal investigation:

The Right to Remain Silent

No person is obliged to talk to police authorities when interrogated concerning a crime. You should NOT give any statement, but politely provide your name and give your driver’s license if requested. The Fifth Amendment as well as the Miranda decision of the Supreme Court protect American Citizens. When you are arrested for a criminal offense, anything that you say to the arresting police authorities is likely to be used against you in court.

The Right to Counsel

This is another important right you should not forget when you face criminal charges. The Sixth Amendment guarantees you the right to counsel by an attorney prior to being questioned by the police. Retaining a lawyer, whether a private attorney or a public defender,if you cannot afford one, is critical prior to making any statement to the police.

The Right to be protected from Unreasonable Searches or Seizure

Unless a police officer shows you proper credentials and a search warrant, you should not allow any form of search to be conducted on your body, property and car. The Fourth Amendment keeps you from unfounded searches and seizures. If a police officer shows you a warrant, you must ask to read the content of the papers before allowing them to conduct search. It is also better to ask the police officer if you may watch as they conduct the search and to call your attorney prior to the search.

The Right to Due Process of Law

This specific right guarantees you to have a fair trial or fair trial and that specific rights and/or privileges shall not be taken away from you.

The Right to Speedy and Public Trial

A speedy public jury trial is guaranteed by the Sixth Amendment, unless you request a bench trial. The right to a speedy trial in the U.S. makes sure that defendants do not spend an unreasonable amount of time in jail prior to a public trial. Infringements of the speedy trial rule may result in a dismissal of the criminal charges.


Disclaimer: The information contained in this article is general information provided to you “as is”, it does not constitute legal advice and the author is not acting as your attorney. No claims, promises or guarantees about the accuracy, or adequacy of the information contained in, or linked to this article or website, and its associated sites.

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Timothy C. Nies leads a firm's personal injury, maritime injury, civil litigation, and commercial litigation practice groups. He has spent the past 10 years, first defending well-funded insurance companies and large corporations in complex personal injury cases. If you are looking for Stuart criminal defense attorneys, go to Vanriperandnies.com. The Stuart criminal defense lawyers at Van Riper & Nies Attorneys, P.A. can help you today!