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Prescription Drug Crimes

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Prescription Drug Crimes Lawyer West Windsor, NJ

South Jersey Attorneys Defend Clients Charged with Prescription Drug Crimes in Mercer County, Monmouth County, and Middlesex County, NJ

It is no secret that law enforcement officials throughout the country are cracking down on prescription drug abuse. Because of the potentially life-threatening results of misusing prescription drugs, the penalties for prescription drug crimes can be extremely severe and, in many cases, unexpected. If you have been accused of a crime involving prescription drugs in New Jersey, it is vital to contact an experienced West Windsor prescription drug crimes lawyer to build a strong defense against the charges in order to avoid a lengthy jail sentence.

At The Scardella Law Firm LLC, we take all allegations of illegal prescription drug activities particularly seriously, and personally handle each and every case from arrest through sentencing and appeal. Conviction for a prescription drug crime in NJ can be devastating to a person’s future. That is why we fight to help our clients avoid conviction. In many cases, we work with the prosecution to avoid trial and suspend the charges entirely so that our clients can get the help they need. We are experienced Hamilton prescription drug crimes lawyers who understand what is needed to win these types of cases. Contact our office today at 609-587-1144 to schedule a free initial consultation so that we can evaluate your case and chart out a course of action to obtain the best possible results.

Types of Prescription Drug Crimes in East Windsor, NJ

New Jersey categorizes controlled dangerous substances (CDS) into five schedules, based on the substance’s currently accepted medicinal use, the drug’s potential for abuse, and the drug’s potential for causing addiction if it is abused. Prescription drug crimes in New Jersey are therefore governed by a complex statutory scheme that involves a range of penalties that can be relatively minor or exceptionally harsh, depending on the classification and schedule. Common prescription drugs that are abused in NJ include Adderall, Oxycodone, Percocet, Ritalin, Xanax, and Vicodin. Potential charges for misusing these and other prescription drugs can include:

  • Illegal Possession of Prescription Drugs: It is illegal in New Jersey to possess prescription drugs that were not prescribed by a doctor, dentist, or pharmacist.
  • Prescription Fraud: Prescription drug fraud under New Jersey Code Section 2C:35-13 is a crime involving the illegal obtainment of prescription drugs, whether for personal use or profit through distribution. The circumstances supporting a prescription drug fraud charge may include obtaining multiple prescriptions from different doctors, using a prescription written for another person, or changing the quantity of drugs prescribed on the prescription form to obtain more drugs than the doctor prescribed.
  • Prescription Forgery: Charges of prescription forgery are typically brought in connection with a prescription fraud charge, but forging a prescription is a crime in and of itself. In some cases, the two charges are merged into one.
  • Distribution or Intent to Distribute: The sale of prescription drugs without a proper license is illegal in New Jersey.
  • Prescription Theft: It is illegal in New Jersey to steal a prescription pad or form from a medical professional, and a prescription theft charge may be brought in conjunction with a forgery or fraud charge.

What Are the Potential Penalties for a Prescription Drug Crime Conviction in West Windsor, NJ?

The penalties that may apply if you are convicted of a prescription drug crime in New Jersey will depend upon the type of crime committed, the amount of the drug involved, and the type of drug involved. Some of the potential charges and penalties include:

  • Illegal Use of Prescription Drugs: It is illegal to be under the influence of prescription drugs without a prescription. This crime is generally a disorderly persons offense, punishable by up to 6 months in jail and/or a $1,000 fine.
  • Illegal Possession of Five or More Doses: Illegal possession of five or more doses of a prescription drug is a fourth degree criminal offense, and it is punishable by up to 18 months in prison and/or a fine of up to $10,000.
  • Prescription Fraud: Prescription fraud is generally a third degree offense under New Jersey Code Section 2C:35-13. A prescription fraud offense can be punished by up to $50,000 in fines and/or three to five years in prison.
  • Prescription Forgery: Prescription forgery is also a third degree offense, punishable by up to $50,000 in fines and/or three to five years in prison.
  • Distribution: If the accused individual possesses 100 or more doses with the intent to distribute, the crime is a second degree offense, punishable by five to ten years in prison and/or a monetary fine of up to $300,000. Distribution of, or possession with intent to distribute, between five and 100 doses is a third degree offense, but the monetary penalties associated with the crime are specifically increased to $200,000 under New Jersey Code Section 2C:35-10.5.

Contact a Skilled NJ Drug Crime Attorney to Build a Strong Defense in Your Robbinsville Prescription Drug Offense Case

As attorneys with experience both in criminal defense and in the Mercer County Prosecutor’s Office, we possess the knowledge needed to help you fight your prescription drug charges. We put our skills to work on behalf of our clients, and think outside the box in each case. Contact The Scardella Law Firm LLC today at 609-587-1144 to schedule an appointment, or fill out this online form.

Frequently Asked Questions About Prescription Drug Crime Charges in NJ

Are prescription drug crimes punishable as felonies in New Jersey?

In New Jersey, the criminal justice system categorizes all types of crimes as either indictable crimes or disorderly persons offenses, rather than classifying them as felonies or misdemeanors. Prescription drug crimes can be categorized as either type of offense, depending upon the circumstances of the case.

Is it illegal to store my prescription pills outside of the original bottle?

Yes! Many individuals may not realize that the New Jersey criminal code makes it illegal to carry controlled dangerous substances (CDS), i.e., prescription drugs, outside of the original container. This is true unless you have no more than a 10-day supply of the drug and can provide a police officer with the name and address of the person who prescribed the drug, or the pharmacy that eventually provided the drug. New Jersey Code Section 2C:35-24 governs this type of crime.

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