Statute for 18 – 18 – 415 – Fraud And Deceit Regarding Controlled Substances
Here is the charge you are facing:
18-18-415. Fraud and deceit
(1) (a) No person shall obtain a controlled substance or procure the administration of a controlled substance by fraud, deceit, misrepresentation, or subterfuge; or by the forgery or alteration of an order; or by the concealment of a material fact; or by the use of a false name or the giving of a false address.
(b) Information communicated to a practitioner in an effort to procure a controlled substance other than for legitimate treatment purposes or unlawfully to procure the administration of any such controlled substance shall not be deemed a privileged communication.
(c) No person shall willfully make a false statement in any order, report, or record required by this article.
(d) No person, for the purpose of obtaining a controlled substance, shall falsely assume the title of, or represent himself to be, a manufacturer, distributor, practitioner, or other person authorized by law to obtain a controlled substance.
(e) No person shall make or utter any false or forged order.
(f) No person shall affix any false or forged label to a package or receptacle containing a controlled substance.
(2) Any person who violates any provision of this section commits:
(a) A class 6 felony and shall be punished as provided in section 18-1.3-401.
(b) (Deleted by amendment, L. 2010, (HB 10-1352), ch. 259, p. 1170, § 8, effective August 11, 2010.)
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Criminal Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Fraud And Deceit Regarding Controlled Substances
The charge of Fraud And Deceit Regarding Controlled Substances, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a Denver Colorado Criminal Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your Denver Colorado Criminal Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Fraud And Deceit Regarding Controlled Substances below. These will be adapted by your Denver Colorado Attorney for your case.
The elements of the crime of fraud or deceit regarding controlled substances are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. intentionally, 4. [[obtained] [procured the administration of] a controlled substance, 5. by [fraud, deceit, misrepresentation , subterfuge, forgery, alteration of a prescription or any written order, concealment of a material fact, use of a false name, or giving a false address.] – or ? 4. [[obtained] [procured the administration of] a controlled substance, 5. [by the forgery or alteration of a prescription or of any written order] [by the concealment of a material fact] [by the use of a false name] [by giving a false address].] – or ? 4. [made a false statement in any [prescription] [__________________________________________________ ].] (insert type of order, report, or record required by Article 22) – or ? 4. [falsely assumed the title of] [represented himself to be] a [manufacturer] [wholesaler] [pharmacist] [practitioner] [____________________________________ .] (insert name of person authorized by law to obtain a controlled substance) 5. for the purpose of obtaining a controlled substance.] – or ? 4. [made or uttered a false or forged [prescription] [written order].] – or ? 4. [affixed a false or forged label to a package or receptacle, 5. containing a controlled substance.] 5. or 6. [without the affirmative defense in instruction number ___________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of fraud or deceit regarding controlled substances. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty of fraud or deceit regarding controlled substances. NOTES ON USE When this instruction is used, the applicable definitions of ?intentionally?, ?controlled substance?, ?prescription?, ?manufacturer?, ?wholesaler?, ?pharmacist? and ?practitioner? must be given. See interrogatories for enhanced penalties for second or subsequent offenses.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver CO Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Fraud And Deceit Regarding Controlled Substances.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.