NJ Prescription Drug Possession Defense Lawyers

Posted By user, Uncategorized On November 8, 2020

Defense Attorneys in Jersey City, NJ for Prescription Drug Possession

During these past few years, the entire state of New Jersey, principally Hudson County, has seen a sharp increase in prescription drug abuse. In response to this public health crisis, law enforcement throughout Hudson County, including the towns of Hoboken, Jersey City, West New York, Secaucus and Union City have been out in full force working to crackdown on what has been labeled by policymakers as a prescription drug epidemic. In addition, the Legislature has drastically increased the monetary fine for a defendant who is convicted of possession or distribution of prescription drugs such as Xanax, Roxy, Percocet or Oxycontin. The Hudson County, NJ prescription drug defense attorneys at Spodek Law Group have the skills you will need to successfully do battle for your freedom. The statute in New Jersey that governs prescription drug crimes, including possession of prescription medication and distribution of prescription medication units is N.J.S.A. 2C:35-10.5. Here at Spodek Law Group, we have prescription drug defense attorneys on staff who are well seasoned and ready to stand up to fight to protect your rights. Has you or your loved one been charged with a drug crime like possession of Oxycontin, cocaine distribution, simple assault, burglary, theft by deception or marijuana possession in Hudson County, New Jersey? If so, it is critical that you speak to an experienced New Jersey drug defense lawyer right away. Give yourself the best opportunity for a positive outcome by getting a free initial consultation with any one of the drug possession lawyers at Spodek law Group. Below you will find some important information on prescription drug crimes in the state of New Jersey, including possible charges an offender can face and applicable penalties if convicted.

Consequences of Conviction on Charges of Distributing Prescription Drugs in New Jersey

If a person is arrested for distributing or possession of prescription narcotics with the intent to distribute over 100 units of the drug in question, they will be looking at a second degree felony. A second degree offense is punishable by as much as 5-10 years in a New Jersey State Prison and a fine as high as $300,000.

For distributing or possession with the intent to distribute 5 to 99 dosages any of prescription legend drug, a person will be facing a third degree felony. A convicted of a third degree felony, can result in the defendant being sentenced to anywhere from  3 to 5  years in a New Jersey State Prison and a fine of up to $200,000.

Distribution or possession with the intent to distribute 1-4 doses of a prescription legend drug, is a felony of the fourth degree. A fourth degree felony is punishable by as much as 18 months in a New Jersey State Prison and a fine of up to $10,000.

There are collateral repercussions that a person can deal with in connection with prescription drug possession and/or distribution.  These include, but are by no means limited to, lengthy state prison terms, large monetary penalties, community service, up to a two year revocation of your driving privileges and a felony criminal record. On top of that, the State has the authority to and often does, seize any personal possession that they believe was either purchased from the proceeds of the drug distribution or was employed to facilitate the distribution (i.e. cars, boats & jewelry).

 

Enhanced Penalties for Possession or Possession with Intent to Distribute Prescription Drugs in a School Zone

A “1000 feet School Zone” charge layers onto any offense committed under N.J.S.A. 2C:35-10.

The language “school zone” is defined in the legislation as “property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of any such school property or a school bus, or while on any school bus”

The school zone offense layers on top of any other charges against you.  It is also worth noting that saying that you did not know that your possession or distribution was committed within 1000 feet of a school zone or a school bus is not a valid defense to this charge.  Defendants facing this charge, on top of others, could be sentenced to additional penalties such as 100 or more hours of community service.

Jersey City, New Jersey Prescription Drug Possession Defense Lawyers

If you or someone you know has been charged with a prescription drug crime in Hudson County, you are presently facing severe consequence in the event that you are convicted. Therefore, it is crucial that you seek out the advice and services of an experienced Hudson County, NJ prescription drug defense attorney as fast as possible. Our team of Jersey City, New Jersey prescription drug defense lawyers at Spodek Law Group boasts the experience and manpower to successfully defend your case. If you have any more in depth questions with regards to Xanax possession, or possession, possession with intent to distribute or distribution in a school zone of other prescription drugs such as Roxy, Percocet or Oxycontin, please contact our offices right away for your free consultation.

Legal Limits on Prescription Pain Killers in New Jersey

N.J. Gov. Chris Christie signed a bill in February 2017, to limit most initial prescriptions of pain-killing opioids like oxycodone to five days. This is considered the strictest law of its kind in the US. This indicates the severity with which New Jersey legislators perceive improper use, possession and distribution of highly addictive drugs.

Pursuant to New Jersey law, these drugs must be dispensed by a licensed doctor or pharmacist, only to be used by the person to whom it was prescribed. Possession or distribution, as well as fraudulently obtaining these drugs, are indictable offenses.

Vicodin Possession, Intent to Distribute & Prescription Forgery/Fraud

Vicodin or hydrocodone is designed to stop the body from perceiving pain. This feeling can be rather captivating, one to which persons can quickly become addicted. When vicodin cannot be obtained legally, people turn to the streets to get it without a valid prescription, steal prescription tablets, blanks and forms, and use fraud to get some. This also creates opportunity for some in illegal selling, distribution, and possession with intent to distribute the drug. Irrespective of why a person commits a crime to obtain this medication, the repercussions of a conviction are significant. The best way to minimize or evade the harsh consequences is to hire an attorney experienced in defending such charges.

New Jersey Vicodin Prescription Legislation

It is against New Jersey law  to get vicodin from a source other than a prescription from a licensed physician. Possession of 5 or less pills gets a fourth-degree charge punishable by fines, loss of drivers license, and up to 18 months in jail. Holding more than 5 units of vicodin is a third-degree crime. This grading also applies to most prescription theft, forgery, and fraud involving acquisition of these drugs. A third-degree charge carries up to 5 years in jail and other monetary penalties. The offense that’s potentially the most serious is selling or distributing vicodin (i.e. possession of CDS with intent to distribute). Distribution of vicodin can result in a second or first-degree charge. A second-degree offesnse is punishable by 5 to 10 years behind bars, while a first-degree crime involves 10 to 20 years inside.

New Jersey Oxycodone Possession & Distribution Charges

Oxycodone is an opioid pain medication.  It is one of the most frequently abused narcotic drugs in the USA. Although it is prescribed for pain relief, you can get arrested if you illegally possess, buy or sell (distribute) oxycodone or oxycodone prescriptions.

Illegal possession of up to four oxycodone pills or tablets is punishable in New Jersey by up to 18 months in prison and a fine of up to $10,000. Being convicted for possession or possession with intent to distribute oxycodone, obtaining an oxycodone prescription by fraud, or forging prescriptions will be costly immediately and a problem later if you apply for a job, school loans or scholarships, or public assistance.

 

If you or your loved one has been arrested, indicted , or served a criminal complaint for an oxycodone offense in New Jersey, the attorneys at Spodek Law Group can help you.

Oxycodone-Related Charges and Penalties in New Jersey

Possessing oxycodone without a valid prescription is a fourth-degree crime for up to four dosages (pills or other units),  third-degree for five to 99 doses, and second-degree for more than 100.

Illegal distribution oxycodone, including selling or giving legally obtained drugs to someone is akin oxycodone possession charges, increasing in degree according to the number of dosages.

Obtaining oxycodone via fraud, misrepresentation or deception is a third-degree crime. You can be charged for using a prescription written for someone else; forging a prescription, (like on a stolen prescription form or pad); or getting a prescription using fake ID.

Second-degree for possession or distribution of large amoiunts of pills is the most egregious oxycodone charge, punishable by 5 to 10 years and up to $300,000 in fines. Third-degree charges are punishable by 3 to 5 years in jail and up to $200,000 in fines. Fourth-degree carries to up to 18 months in jail and up to $10,000 in fines.

A conviction for obtaining oxycodone by fraud or forgery, could get your N.J. driver’s license suspended for 6 months or more. You could also be charged and prosecuted on a theft offense.

In addition, it is a disorderly persons offense to be under the influence of oxycodone that was not lawfully prescribed. You could also be charged with a disorderly persons offense for having up to four legally prescribed oxycodone pills in your possession but outside of the bottle they were dispensed in. A disorderly persons offense is punishable by 6 months in jail and a fine of up to $1,000.

We Can Defend You Against N.J. Oxycodone Charges

Prosecutors must prove their case to get a conviction and they, as well as your Spodek Law Group Lawyer, know when a case does not hold up. Defendants who go to trial get found not guilty daily.

If you got arrested on charges for possessing, selling or acquiring oxycodone, the sooner one of our laywers comes to work for you, the sooner we can dismantle the case against you.

In the process, we will question some of the following details:

  • The legality of the arrest and any search and seizure, including whether probable cause existed to stop and search you or your car
  • If you were improperly identified to police due to confusion at the scene of the arrest, a flawed lineup, or inaccurate or unreliable witness statements.
  • If the prosecution verified that the substances allegedly seized were oxycodone, and if lab equipment or personnel can be challenged.
  • If the proper “chain of custody” of the alleged oxycodone can be verified.
  • Whether a possession charge was inaccurately elevated to intent to distribute based on the presence of a large amount of cash, bags, a household scale or other alleged paraphernalia.

Diversion Programs for New Jersey Oxycodone Cases

If we cannot get you exonerated, we might be able to get a conditional discharge or probation for lesser offenses if you have a clean record.

Two primary diversion programs are available in New Jersey for those charged with nonviolent drug offenses and, in most cases, for first-time offenders. They may be available to a person charged with oxycodone possession who has a substance abuse issue they are ready to deal with.

Drug Court is a specialized probation that could be required in certain cases. The program includes intensive supervision based on frequent testing and court appearances, and tightly structured regimens of substance abuse treatment.  Participation in 12-step recovery programs is included. Drug Court also offers counseling and other resources to help with job training, education and health care.

The Pretrial Intervention (PTI) program requires court supervision for an average of 1 to 3 years toward having charges dismissed. PTI may obligate you to psychological and/or drug and alcohol evaluation and undergoing any recommended treatment, plus random urine tests. Defendants who complete all the conditions of PTI, can have their charges dismissed with no conviction on their record.

New Jersey also offers a veterans’ diversion program for active and retired members of the military. Any veteran accused of a nonviolent crime and has been diagnosed with a mental illness, or who has demonstrated symptoms to law enforcement, friends or family members could enter this program. Participants may avoid trial, and successful completion may get charges expunged from their record.

We will do everything possible to achieve the most favorable outcome available to you in an oxycodone case. Reach out to our N.J. drug crime defense lawyers today to learn how we can help.

Possession, Intent to Distribute, Fraud & Forgery Charges for Roxycontin (Roxicodone)

This pharmaceutical is also an opiate that dulls the sensation of pain in the brain. Roxycontin is also called Roxy, Roxicontin, Roxycodone, Roxicodone, and Roxies. Because of effect of the medication on the body and its addictive nature, people can get themselves into doctor shopping or other strategies to gain illegal possession of roxicodone. Forgery , prescription fraud and distribution of prescription drugs are all offenses our lawyers encounter in representing defendants charged with roxycontin-related crimes.

People often take roxycontin for oxycontin, but the drugs act differently when administered. Oxys perform on a time release basis, whereas roxycontin acts almost immediately. This may translate into an greater number of pills necessary to sustain a high. These medications can be highly addictive and can result in overdose. If you believe you or someone you know might be overdosing on roxycontin, call the American Association of Poison Control at 1-800-222-1222 or visit http://www.aapcc.org.

 

Laws for Roxycontin Charges in New Jersey

 Prescription Fraud. Any attempt to acquire prescription drugs using misrepresentation, fraud, or deception, is a third-degree crime.

Prescription Forgery.  It is a third-degree offense to engage in prescription forgery by making, completing, executing, authenticating or transferring a writing for obtaining any prescription drug illegally.

Possession Without a Prescription & Distribution. It is a fourth-degree offense to have 1 to 4 pills, third-degree for possessing 5 to 99 pills, and second-degree for more than 100 units.

For more information regarding the law associated with a roxicontin charge, one of our attorneys can help yuou. Initial consultations with defense lawyers are always free. To learn more, call us today!