In more recent years, New Jersey has taken a harder stance on possession of prescription drugs without a valid prescription from a doctor. We typically represent clients for unlawful possession of Adderall, Oxycontin, Percocet, Vicodin, and Xanax throughout New Jersey. Many cases involve a small amount of pills borrowed from a friend or family member or carrying medication not in the proper container. These examples may seem harmless to many people, but the State considers it a potential crime. This is because prescription medications are considered narcotics because they are powerful opiates and are now considered gateway drugs. A conviction can expose you incarceration in prison, probation, loss of your driver’s license, and thousands in fines. Proetta & Oliver is dedicated to exclusively defending clients for criminal and municipal court charges in New Jersey including Linden, Union Township, Cranford, Westfield, Elizabeth, Rahway, New Providence, and Scotch Plains. If you would like to discuss your case with an experience prescription drug lawyer contact our Cranford office at (908) 838-0150.
Prescription Drug Fraud and Forgery Lawyer
A prescription legend drug is defined as a medication that can only be sold or dispensed only upon the prescription of a licensed medical practitioner (licensed physician, veterinarian or dentist). If you try to forge or falsify a prescription to obtain Rx drugs then you will be charged the separate crime of prescription drug forgery.
Obtain by Deception or Forgery
4th Degree Felony – Use of fraud or deception – punishable by up to 18 months in prison
Possession of Prescription Drugs
4th Degree Felony – Possession of 5 or more dosages – punishable by up to 18 months in prison
Disorderly Persons Offenses – Possession of 4 or less dosages – punishable by up to 6 months in county jail.
Under the Unlawful Influence of Prescription Drug
Disorderly Persons Offense – Exhibiting symptoms of being under the influence – punishable by up to 6 months in county jail.
Distribution of Prescription Drugs or Medications
Like many other drug crimes, the degree of punishment is determined by the amount of drugs confiscated. Prescription Drug Distribution Law in New Jersey relies on the amount of “dosages” of the prescription drug. For this, and many other reasons it is important to have the representation of an experienced criminal lawyer because these cases often hinge on many issues that must be litigated. For example, a defense lawyer can challenge the State’s evidence that the prescription drugs were possessed by the defendant with the intent to distribute for monetary gain. Moreover, suppression issues like lack of probable cause, illegal search and seizure, and inadmissible statements are very common in drug cases. A chart has been provided below which breaks down the degree of charges for prescription drug distribution and possession with intent to distribute.
Degree Dosage Penalties
100 or more dosage units for financial gain
5 – 10 years in prison; presumption of incarceration
99 – 5 dosage units for financial gain
3 – 5 years in prison
4 or fewer dosage for financial gain
Up to 18 months in prison
Disorderly Persons Offense
4 or fewer dosage without financial gain
Up to 6 months in jail
Defenses for Prescription Drugs Charges
As illustrated above, prescription drug crimes are very serious and can be very difficult to handle for those without experience. If handled properly, these charges will often result in downgrade or admittance into Pre-Trial Intervention so you avoid a conviction and record upon completion. As founding attorney, William Proetta, has successfully handled literally over one thousand criminal and municipal court cases including many prescription drug charges. We represent clients throughout New Jersey including Kenilworth, Roselle Park, Clark, Plainfield, Springfield, Berkeley Heights, and Roselle Borough. If you would like to speak with an experience prescription drug defense attorney please contact our office conveniently located in Cranford at (908) 838-0150 for a free initial consultation.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Mount Laurel, Point Pleasant, Princeton and Middletown. All major credit cards are accepted