Posts Tagged With: Crime

Prescription Drug Fraud

ImagePrescription drug misuse is a significant and prevalent problem across the nation. In 2010, about one in four illicit-drug users reported that their initiation into illegal drug use began with prescription drugs. Prescription drug overdoses in 2008 exceeded those for heroin and cocaine combined. While licensed physicians prescribe some people medications, others may obtain prescription medications through illegal means. While certain crimes tend to fit a certain group of people, prescription drug fraud and misuse offenders spans a wide range of ethnic, social, educational and economic backgrounds.

Prescription drug fraud can take many forms; the most common forms are altering or forging a prescription, phoning in a fraudulent prescription posing as a doctor or office’s employee and theft of prescription pads. Some people like doctors and nurses, have easy access to prescription pads and thus, prescription drug fraud is often seen among hospital employees. But, as mentioned, there are other ways to obtain prescription drugs without stealing prescription pads.

Possession or distribution of blank prescription documents can be classified as a misdemeanor or a felony charge. There are three definitions of this crime: first, knowing and intentional issuance by a registered practitioner or possession by someone other than the one who signed it of a prescription document signed in blank, second, knowing and intentional possession of a prescription not completed and signed by the practitioner whose named printed thereon by a person other than the registered practitioner and lastly, knowing and intentional withholding from a practitioner information that the defendant already obtaining controlled substances of like therapeutic use from another practitioner. Basically, if you are in the unlawful possession of a prescription drug, you can be charged with this crime

The penalty for this crime, as a first time offender, may include up to 2 years of prison time and/or up to a fine of $2,000. The second offense, is classified as a felony, and can carry a prison sentence of up to 5 years.

If you are facing criminal charges for your involvement with prescription fraud, contact local defense attorney Daniel Selwa. The penalties can be severe for your involvement with prescription fraud, and Daniel Selwa can provide the experienced criminal defense you need.

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How NOT to behave in Court

TJ Lane was facing life imprisonment for his felonious crimes. He killed three young teenagers and wounded others, leaving one paralyzed from the waist down. Perhaps the most shocking part of his crimes was his behavior in the courtroom. He showed no remorse as the families spoke of their loss and in fact, he was smiling the entire time. His defense attorney speaks out about his client’s behavior and notes just how appalling it was.

Skilled defense attorneys do everything they can to prepare a case for trial. But, it is hard to prepare for a situation like this. This young man not only bore a tee-shirt that said “killer” but he gave the middle finger to everyone in the courtroom during his sentencing.

There’s one particular thing to be said here and that is, if you are facing serious punishment for your crimes like the defendant in this case was, do not make it easier for the judge to rule against you. TJ Lane showed disrespect not only to the victims’ families but also to the Judge and Court. The legal system does not take this behavior lightly. As the presiding judge in this case remarked, “remorse was lacking.” It is against human nature for someone to feel sorry for you when you grin about committing such violent crimes. So, next time you go in front of a judge, be on your best behavior or be prepared to suffer the harshest punishment.

While a skilled defense attorney like Daniel Selwa can take you far in your case, you must also cooperate in a respectful manner. Hiring legal counsel is the best way to ensure your legal rights are protected but it is also up to you to ensure you act properly in front of the Court. For more information regarding this case, http://www.wmbfnews.com/story/21678477/life-in-prison-tj-lane-wears-killer-shirt-flips-middle-finger-to-courtroom-during-sentencing

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Burglary in Myrtle Beach

Burglary is not an uncommon occurrence in Myrtle Beach, South Carolina. Check out this recent WMBF news article involving two men in the local area facing multiple counts of burglary charges: http://www.wmbfnews.com/story/21087009/2-men-charged-for-several-burglaries-in-murrells-inlet. Are you facing burglary charges? Burglary is a felony charge and could carry a life imprisonment sentence. It is critical that you don’t sleep on your rights, and you contact Daniel Selwa right away to discuss your case if you have been charged with any degree of Burglary.

At common law, burglary is defined as the breaking and entering of the dwelling of another at nighttime with the intent to commit a felony therein. However, many states have modified the common law definition so that the breaking and entering includes businesses as well as dwellings and most states have eliminated the nighttime requirement. South Carolina in particular does not require that the crime of burglary be committed in the nighttime. In order to be convicted of the crime of burglary, the prosecution must prove every element of the crime beyond a reasonable doubt.  If your defense attorney can raise the slightest bit of doubt, then the jury is likely to acquit.

Burglary is a specific intent crime, which means you must have intended to commit a crime upon the breaking and entering of the premises. Therefore, the burden will be on the prosecution to prove you possessed the requisite mental state when you committed the crime. Specific intent crimes carry additional defenses that general intent crimes do not and one of particular importance is voluntary intoxication. Voluntary intoxication is a defense because your intoxicated state may have affected your decision and thus, it may negate the element of crime for the crime of burglary. Another defense specific to this crime involves consent, if the defense can show you had consent to enter a dwelling or business, then that can negate the element of a breaking. Other potential defenses include insanity, and entrapment.

Your best course of action when facing burglary charges is to consult with attorney Daniel Selwa. A defense attorney will be able to anticipate what the prosecution will argue and from there, the defense attorney will be able to discuss with you, your best defenses to beat the prosecution’s argument. Remember that this offense is a felony and can carry a life imprisonment sentence. Don’t wait another minute and call Daniel Selwa today.

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