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St. Louis Criminal Defense Legal Blog

Prescription drug monitoring: when the focus is on doctors

As noted in a recent St. Louis Post Dispatch article, there is more than one type of drug monitoring program operative in states across the country.

What the paper terms a "traditional" model is a scheme in which physicians and pharmacists can access a government database tracking patient prescription information. Online data showing prescription history can alert medical actors to patterns of abuse and allow for intervention.

What is credit card fraud?

In today's modern age, more people than ever before are using credit cards and debit cards. While using cash and checks is still acceptable, this is going by the wayside to a certain degree.

There is absolutely nothing wrong with using a credit card or debit card, but here's something to remember: You don't want to be accused of fraud at any point.

Tax mistakes and tax evasion: Is there a difference?

Think back to the last time you filed an income tax return. Did you know exactly what you were doing, or did you have some uncertainties about how to move forward?

Like most, you don't understand the ins and outs of the IRS tax code. Instead, you simply hope that you know enough to file an accurate return.

Should high-profile figures receive harsher criminal sentences?

Imagine that an individual -- defendant Jones -- is convicted of a white collar crime -- let's say embezzlement -- and sentenced to a prison term by a federal judge in St. Louis. Mr. Jones is decidedly a low-profile person. That is, he is not known to any degree in the public, and his crime is basically back-page news.

Now, imagine further that a Mr. Smith is convicted in the same court for precisely the same crime. Unlike Mr. Jones, Smith is a high-profile individual widely known across a broad swath of the public.

Prosecutorial fairness: why a defense attorney insists upon it

No reasonable person in Missouri or anywhere else across the country wants to engage in any type of contest where applicable processes -- the rules of the game, if you will -- are stacked in favor of the other side.

What's the point? When an opponent has a one-sided and material advantage, you lose.

Capitol Hill voices calling for criminal sentencing changes

Some changes, yes, but not quick enough or significantly sufficient to satisfy a broad swath of critics in Missouri and across the United States.

That about sums it up for individuals and groups who ardently oppose what they claim have been widespread injustices that have occurred over many years owing to harsh federal sentencing guidelines and judicial mandates.

Important questions in online solicitation cases

If you have been arrested on suspicion of soliciting a minor online, it is understandable that you are scared. But make no mistake, you are innocent until the prosecution proves that you are guilty beyond a reasonable doubt. With that, a number of facts must be proven in order to convict you of such a crime. This post will highlight a few of the questions that must be answered.

Was it actually you who solicited the minor – Indeed, your IP address may indicate that it was your computer or tablet that was used in the conversation with the alleged illegal contact, but what facts indicate that you were the person who actually lured, enticed or encouraged the minor to meet and perform a sexual act. 

Missouri judge in pot case laments his imposed sentence

We note on a relevant page of our website at the St. Louis criminal defense firm of Rosenblum Schwartz & Fry that state and federal authorities have pulled back a bit in recent years from notably harsh sentencing guidelines in some drug cases.

Although that has promoted both logic and fairness in select criminal matters, drug crime defendants -- even nonviolent offenders -- continue to receive notably stringent prison terms in legions of cases.

Federal sentence outcome "makes no sense at all"

The opinion asserted in today's above blog entry headline comes courtesy of a former federal prosecutor responding to a sentence recently imposed upon a defendant in a health care fraud case.

Rest assured, Patrick Cotter is far from alone in his sentiment.

Selling or giving away your prescription pills can result in jail

You had a surgery or recently completed treatment for an injury. You're feeling a lot better, and you have no need for that powerful synthetic pain medication prescribed by your doctor. Then, someone you know, maybe a friend or co-worker, sees the pills in your cabinet or purse and offers to buy them. You aren't taking them, and who doesn't like a little extra cash?

Unfortunately, by agreeing to give or sell your pain medication to someone else, you're committing a serious crime. Under Missouri law, delivery of a controlled substance is a felony. If your friend or co-worker gets caught with those pills, you could end up in a lot of legal trouble. In some cases, people on prescribed medication that wasn't theirs have died or crashed vehicles, resulting in lawsuits and criminal charges against the person who provided the pills.

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Saint Louis, MO 63105

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