
Prescription Fraud Attorney in Bentonville
The Advantage Of A Former Prosecutor On Your Side
Facing prescription fraud charges in Bentonville can feel overwhelming. The good news is that you do not have to face these complex legal challenges alone. As a prescription fraud attorney in Bentonville with over a decade of legal experience — including years as a former prosecutor — I provide honest, direct guidance and develop a defense strategy tailored to your exact situation.
If you are accused of forging prescriptions or alleged misuse of prescription medications, my insight from both sides of Arkansas criminal law gives you a valuable advantage as we navigate the legal process together.
Many people do not realize how quickly a prescription fraud case can impact their lives, from professional licenses and job prospects to personal reputation and peace of mind. Because prescription drug offenses are thoroughly investigated by both local and state authorities in Bentonville, early intervention is crucial for building a strong defense.
The moments following an arrest can be overwhelming, but a Bentonville prescription fraud lawyer is ready to help. Call me now at (479) 777-0640 or contact me online to speak with me directly and begin building your defense.
Understanding Arkansas's Prescription Fraud Laws
In Arkansas, prescription fraud is a specific type of drug crime that is generally outlined in Arkansas Code § 5-64-403, which prohibits "controlled substances—fraudulent practices." This includes a variety of acts related to illegally obtaining or distributing controlled substances.
As your Bentonville prescription fraud lawyer, I will meticulously analyze the specifics of your case to determine the exact nature of the charges and build a defense tailored to your situation.
Common types of prescription fraud in Arkansas include:
- Forgery: Altering a legitimate prescription or creating a fake prescription to obtain a controlled substance.
- Deception or Misrepresentation: Lying to a doctor about a medical condition, or using a false name or identity to obtain a prescription.
- Using a Stolen Prescription Pad: Stealing a prescription pad from a doctor's office or pharmacy and using it to write fake prescriptions.
- Doctor Shopping: Going to multiple doctors or pharmacies to get multiple prescriptions for the same drug without disclosing your other prescriptions.
The penalties for prescription fraud in Arkansas are severe and depend on the specific circumstances of the crime, including the type of drug involved. Forgery to obtain a Schedule I or Schedule II substance can be a Class C felony, punishable by 3 to 10 years in prison and a fine of up to $10,000. For a Schedule III, IV, or V drug, the penalty is a Class D felony, punishable by up to 6 years in prison. Even a lesser offense can still result in a felony conviction, which is why a prescription fraud attorney in Bentonville is so important.
The Key Elements the Prosecution Must Prove
For the prosecution to secure a conviction for prescription fraud, they must prove every element of the crime beyond a reasonable doubt. This includes proving that you "knowingly" committed a fraudulent act to obtain a controlled substance. The specific elements depend on the charge, but a common point of contention is the element of intent.
As your Bentonville prescription fraud lawyer, I will aggressively challenge the State's evidence and expose weaknesses in their case. I will question every aspect of the charge, including:
- Lack of Knowledge or Intent: Did the prosecution prove that you knowingly and intentionally committed a fraudulent act? In some cases, a person may be unaware that a prescription was fraudulent or that they were being used to obtain drugs illegally.
- The Legality of the Investigation: Did law enforcement violate your constitutional rights during the investigation, or did they use an illegal search and seizure to obtain evidence? If so, the evidence may be inadmissible in court.
- Mistaken Identity: In cases involving forged prescriptions, a person may have been mistakenly identified as the person who committed the crime. I will work to establish your alibi and to expose any weaknesses in the prosecution's identification evidence.
- Entrapment: If law enforcement coerced or tricked you into committing a crime you would not have otherwise committed, I can argue that you were a victim of entrapment.
My background as a former prosecutor gives me a unique perspective on the strategies they use to prove these elements, and I will use that knowledge to your advantage. A skilled prescription fraud attorney in Bentonville knows that a powerful defense is built on challenging the State at every turn.
Penalties and Collateral Consequences of an AR Prescription Fraud Conviction
The consequences of a prescription fraud conviction in Arkansas can have a profound impact on your life, well beyond the fines and potential jail time. I work tirelessly to help my clients avoid these devastating consequences.
- Jail or Prison Time: A felony conviction can result in a prison sentence of several years. A Class C felony, for instance, can result in 3 to 10 years in prison, while a Class D felony carries a sentence of up to 6 years.
- Significant Fines: You can be ordered to pay fines of up to $10,000.
- Permanent Criminal Record: A felony conviction is a permanent mark on your record that is publicly accessible. This can affect your employment, your ability to secure housing, and your educational opportunities.
- Loss of Professional License: For healthcare professionals, a conviction can result in the revocation of a medical, dental, or pharmacy license, effectively ending your career.
- Increased Scrutiny: A conviction will lead to increased scrutiny from law enforcement and may make you a target for future investigations.
- Immigration Issues: A conviction for a drug-related crime can have severe immigration consequences, including deportation.
A knowledgeable Bentonville prescription fraud lawyer can help you understand the full scope of these penalties and work to mitigate them.
Professional Representation & Local Understanding
My criminal defense practice is devoted exclusively to representing clients facing charges in Bentonville, Benton County, and throughout Northwest Arkansas. When you work with my firm, you are guaranteed my full attention and a solutions-focused approach designed for the unique challenges prescription fraud allegations present.
Having years of experience working in area courts, I understand the procedural nuances that can impact your case—from the reports pharmacies provide, to how judges set bail and prosecutors negotiate. Familiarity with Benton County’s unique courtroom dynamics allows me to prepare you for every hearing and legal deadline, often making a real difference in case outcomes.
I take pride in maintaining strong relationships within the legal community, which frequently leads to more productive discussions with local prosecutors and creative solutions that align with the expectations of our courts. My commitment to staying up to date with local trends and legal strategies ensures you always have relevant, insightful counsel guiding you through your defense.
When you hire my firm for your defense, here’s what you can expect:
- Thorough case assessment: I scrutinize every facet, from prescription documentation and pharmacy protocols to law enforcement procedures, aiming to identify weaknesses in the government’s evidence.
- Strategic legal guidance: Drawing from my experience as both a prescription fraud attorney in Bentonville and a former prosecutor, I anticipate opposing strategies and develop the most effective responses possible.
- Personalized support: You remain informed and empowered at each step, making sure you understand your options and what to expect as your case evolves.
- Problem-solving approach: I analyze potential solutions—including diversion programs, favorable plea offers, or trial defenses—always considering how to protect your future and minimize consequences.
- Open communication: I respond to your questions quickly and honestly, making sure you have clarity about your case at every stage.
How Prescription Fraud Cases Progress in Bentonville & Benton County
If you are under investigation or charged with prescription fraud locally, area agencies such as the Bentonville Police Department, Benton County Sheriff’s Office, and state drug task forces may be involved in your case. Legal proceedings usually unfold in Benton County Circuit Court, where prescription-related crimes are handled seriously.
As an experienced prescription fraud lawyer in Bentonville, I know how to take early action to pursue alternatives—like diversion or treatment programs—especially if this is your first offense or if substance use plays a role.
The following overview describes how prescription fraud cases are typically handled in the Bentonville area:
- Investigation & arrest: Law enforcement gathers evidence from medical providers, pharmacies, and interviews. You are never required to agree to questioning without your attorney present.
- Initial court appearance: Formal charges are read and bail conditions set. I prepare you for each phase and advocate for fair, reasonable bond terms.
- Case review & negotiation: I explore diversion, alternative sentencing, or outright dismissal, negotiating directly with prosecutors and using my insider perspective from prior prosecution work.
- Resolution or trial: Many prescription fraud cases resolve pretrial, but I prepare thoroughly for trial whenever necessary, always ready to present a strong case in court.
- After conclusion: If you qualify, I assist with record sealing and advise on compliance with all court-ordered requirements for full resolution and peace of mind.
Successfully navigating these stages requires more than textbook knowledge of the law. It demands day-to-day experience with the local court system, a clear understanding of prosecutor strategies, and insight into how area agencies coordinate investigations.
Contact A Prescription Fraud Attorney in Bentonville For Real Answers
If you or a loved one is accused of prescription fraud in Bentonville or the surrounding area, the best step you can take right now is to reach out for support and guidance.
As a former prosecutor and dedicated prescription fraud lawyer in Bentonville, I am committed to delivering clear communication and a defense strategy shaped around your individual needs—never a one-size-fits-all solution. You will always know your options, your risks, and your next steps.
Schedule a free, confidential consultation with Cody W. Dowden, Attorney at Law by calling (479) 777-0640 to discuss your concerns, get answers tailored to your situation, and start building a solid defense.
Frequently Asked Questions
Can I be charged if I filled someone else’s prescription by mistake?
Yes. Even if there was confusion or a misunderstanding, law enforcement may pursue charges. However, the context and intent behind your actions can impact the case and potential resolution.
Are there diversion programs available for first-time offenders?
In some cases, Benton County may offer diversion or alternative sentencing programs for individuals with no criminal history or those with substance use issues. Your eligibility depends on your background and case details.
Should I talk to the police if I’m under investigation?
It is generally recommended to speak with an attorney before giving any statements. Anything you say can be used against you, so having legal counsel ensures your rights are fully protected from the start.
Will a prescription fraud conviction affect my ability to work or hold a license?
Yes, a conviction can have significant professional consequences, including difficulty with employment, licensing restrictions, and reputation harm. Addressing charges proactively with a clear defense strategy is critical to protecting your future.
Hear From Our Happy Clients
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"The absolute best defense attorney!"
Cody Dowden is the absolute best defense attorney! He made us feel like we were his top priority and kept us in the loop with every update. I also really appreciated his honesty and dedication.- Dawn A. -
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Cody was such an incredible during a hard time for me and my family. He was knowledgeable, easy to reach, and quick to respond. He got me through one of the worst moments of my life. I will forever be grateful to this team. 10 out of 10 recommend!- Jamie R. -
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Cody was my criminal attorney. He was extremely professional and had superb communication. The entire team was amazing. I would confidently return for any legal needs and recommend their services. Don't hesitate to reach out for guidance. Thank you for everything!- Jennifer F. -
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Cody is truly one of a kind in Northwest Arkansas. Direct communication, excellent follow up and outstanding results.- MissyRogers, AR -
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Cody is the man. By far one of the best lawyers I've ever worked with. I wish he did more than criminal defense so I could retain him for my business!!- KJGBentonville, AR -
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Cody did a fantastic job for us! Was honest with us during the whole process. Worked with us closely ensuring we had a successful result! If you need an honest, hard-working, results-driven lawyer, Cody is the one you need!- BrentRogers, AR