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Dr/pt Relationship

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The situation is like this, my friend was charged with manufacture, guns were found (all hunting guns and some keep sakes from his father).


He has a wonderful Sec 8 defense except for the Dr/Pt thing.  Because his certifying doctor has been charged with something in another county, not convicted, the prosecutor claims that he doesn't have element one of sec 8. 


Why would something this doctor may or may not have done in another case effect his Dr/Pt relationship with my friend?  How is it that my friend is responsible for something his certifying Dr may or may not have done.  The doctor has been charged, but not convicted. 


My friends lawyer agrees with the prosecutor and wants to try to get a plea deal.  I want to argue this, I submit that my friend has a bonafide relationship with that Dr. and that he did have the hands on examination by this doctor, I was there.  It is not my friends fault if the Dr. violated the law which has yet to be proven.


What do you think, should my friend go for a plea or try to fight for a sec 8 defense?  Does he need to fear that the pa will bring up the gun issue if he doesn't cop a plea?   I'd appreciate knowing your opinions.

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sounds like a case of a prosecutor pushing their agenda to me. :)


i would say that doctors charges in another case have absolutely no bearing on your friend... until convicted.. and even then they will have to prove he failed your friend specifically at their certification.


one charge against a doctor should not negate your friends medical needs...


so long as your friend has a clearly defined medical need and has records to back up his treatment schedule.. then based on nothing more than what you have presented i would push the issue a bit further...


it does sound like your friend is caught between two legal system buddies... and might want to seek the advice of another attorney as a reference.

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Yea for sure contact another attny!  Its real easy for me to say dont cop no pleas sitting here behind my keyboard!


obviously we dont know the whole case and prob shouldnt yet if its still ongoing,  its sad but your friend does need to do anything he/she can to keep them selves out of jail or getting convicted of a non crime! 


Best of Luck!




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It is not possible to make a call about it from our end Herb, because there are not enough facts present to understand well enough what is happening. Putting important facts of a case on a pubic forum is not commonly advised. The nature of the beast is adversarial. Because of that some things are better left unsaid outside the attorney/client relationship. Maybe this is one of those things. We cannot begin to guess, for instance, whether the charges against the doctor are justified, or even what the nature of the charge is. There are the facts in that case to consider. IF the exam and certification meet the requirements necessary to establish the bona fide requirement recently added to the law, I would think your friend is okay. But then again, we do not know enough, and there are other issues that play in cases, as I am sure you know.

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another prosecutor wants to deny a section 8 huh?

sounds like some moo poo!


mr komorns details perfectly what was needed for a sec8 defense:


its very good reading, i suggest you pass it on to your friend and his lawyer.

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So, if the doctor is bogus the patient pays? What about people who have been prescribed opiates by a funky doctor? Can they be charged with illegal possession? I have never heard of such a thing. The doctor gets charged but I didn't know that the patients face criminal charges as well.


I know that Rush Limbaugh was in trouble for "doctor shopping" in order to obtain narcotics, but he was actively and knowingly doing something against the law. He knew it was illegal. Because he is rich, the case never went to court.


People who obtain doctor certs from what the state calls "bogus doctors" have no way of knowing that their certs are no good, do they?

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