Defense Attorneys for Xanax Charges
Xanax is a medication comprised of alprazolam that is used to combat anxiety and panic attacks. The drug is customarily dispensed as a pill and has powerful effects on the body, including acting as a sedative and muscle relaxer. Xanax is also highly addictive and prone to abuse. Xanax possession charges are no joke. If you find yourself in criminal trouble, perhaps arrested or charged with Xanax possession, prescription forgery/fraud, or even possession with intent to distribute, our attorneys can help.
Our team comprises experienced lawyers with a minimum of 15 years of experience, including two former prosecutors. If you are facing Xanax charges, we can help you with our expertise. Contact us for a free consultation today, and let us defend your case.
Xanax has several street names, including Bars, Handlebars, Footballs, and Sticks. It is in the benzodiazepine class of drugs. Xanax is also the most popular drug in this class in terms of recreational use and abuse. This translates into a relatively high incident of Xanax possession, distribution, prescription forgery, and fraud cases.
Prescription drugs like Xanax account for a substantial portion of drug crime arrests. It is still possible to get in plenty of legal trouble for a drug that, in another context, would be legal. In fact, all controlled substances except those classified as Schedule I, such as heroin, have at least one legally accepted medical application. In some ways, the stakes seem lower when illegally buying or selling prescription drugs.
Buying a few pills from an acquaintance who has a prescription for oxycodone, Ritalin, or Valium seems less risky than venturing into the vicinity of backyard meth labs or buying a bag of powder that you think is cocaine or heroin but could contain a lethal dose of fentanyl. The New Jersey prescription drug offense lawyers at the Law Offices of Jonathan F. Marshall can help you if you are facing criminal charges for illegal possession of Xanax or another prescription drug.
What is Xanax?
Xanax is the most common brand name for the drug alprazolam; it is also sold under other brand names such as Niravam and Xanor. Xanax is a benzodiazepine, which is a type of central nervous system depressant. Other commonly prescribed benzodiazepines include Valium, Ativan, Klonopin, and Halcion. Clinical indications for Xanax include treatment of panic disorder, clinical anxiety, and chemotherapy-induced nausea. Like other benzodiazepines, long-term use of Xanax can lead to tolerance, where patients need higher and higher doses to achieve a therapeutic effect. Withdrawal symptoms can occur if patients abruptly stop taking Xanax; therefore, doctors usually taper patients’ doses over a period of time.
From a legal perspective, Xanax, like all benzodiazepines, is a Schedule IV controlled substance. This means that they are prescription drugs that have the potential for recreational misuse and addiction, although less so than the drugs in Schedule I, Schedule II, and Schedule III. It is illegal to possess or consume Xanax unless you have a valid prescription for it.
Penalties for Illegal Possession of Xanax in New Jersey
| Degree of Offense | Criteria | Maximum Penalty |
|---|---|---|
| Fourth-Degree | Intent to distribute, ≤ 4 Xanax pills | $10,000 fine, 18 months in prison |
| Third-Degree | 5 to 99 Xanax pills, no valid prescription | $200,000 fine, 3-5 years in prison |
| Second-Degree | ≥ 100 Xanax pills | $300,000 fine, 5-10 years in prison |
You might be wondering, if Xanax is a prescription drug, then how can I be charged with Xanax possession? Xanax charges stem from individuals who get caught with Xanax and who do not have a prescription. It is a third-degree crime to possess Xanax without a valid prescription. A third-degree offense carries up to five years in jail.
If the prosecution has evidence that you intended to distribute the Xanax, meaning to sell it or give it to someone else, but the quantity is still four pills or fewer. You can be charged with a fourth-degree indictable offense. The maximum penalty is a $10,000 fine and 18 months in state prison. If you have five or more Xanax pills that were not prescribed to you, the law assumes that you intended to distribute them.
Therefore, possession of between five and 99 Xanax pills without a valid prescription is a third-degree indictable offense, with a maximum penalty of a $200,000 fine and three to five years in state prison. Possession of 100 Xanax pills or more is a second-degree indictable offense, with a maximum penalty of a $300,000 fine and five to ten years in state prison. New Jersey uses the term “indictable offenses” to refer to crimes that most other states call felonies.
There are even more serious charges that relate to Xanax besides simple possession or possession with intent to distribute. For example, you can get into serious legal trouble for forging a prescription for Xanax or for trying to intimidate or deceive a doctor into prescribing it to you. Likewise, if you drive under the influence of Xanax, even if you have a valid prescription for it, you can be charged with driving under the influence of drugs (DUI). Xanax can cause drowsiness and lack of concentration, making it unsuitable to take just before driving.
Possession With Intent to Distribute Xanax
You may also face Xanax charges if the amount you are found with exceeds what would be considered a reasonable amount of the prescription. In this case there would be not only possession of Xanax charges but also intent to sell charges. Depending on the quantity of pills involved, an individual is exposed to a third, second or even first-degree offense when they are charged with distribution or selling Xanax. The penalties for Xanax possession with intent to sell are quite severe and jail exposure in this regard ranges from zero to 20 years in prison.
Can You Go to Drug Court Instead of Pleading Guilty to Xanax Possession?
Illegal possession of controlled substances is usually a symptom of substance use disorder; people generally do not do it with the intention of harming others. Therefore, addiction treatment is more effective at preventing future drug possession arrests than criminal penalties such as jail time. Drug Court may be available for defendants accused of first-offense drug possession.
If you are accepted to the drug court program, you enter a provisional plea. You then serve a year of probation, in which one of the requirements is inpatient or outpatient substance use disorder treatment. You must also undergo frequent drug tests throughout the drug court program. If you abstain from drugs for the entire year and comply with all of the other requirements, the court will drop the charges against you, and you will emerge from your case without a criminal record.
Contact Our New Jersey Law Firm If You Have Been Charged With Xanax Possession
If you have been charged with a prescription drug offense involving Xanax, it is important that you speak with a lawyer to discuss your legal options. The attorneys at The Law Offices of Jonathan F. Marshall have experience in representing those charged with Xanax possession, intent to distribute (i.e. selling), and prescription forgery. Please do not hesitate to contact us as one of our lawyers is available now to address your concerns.
