The Former Director of the Middlesex County Drug Task Force & A Former Edison Municipal Court Prosecutor Are Available At Our Firm To Defend You
While a separate drug law applies to prescription legend drug possession and distribution charges, they are prosecuted just as severely if you were arrested with this type of offense in Edison Township New Jersey. Whether your charge stems from opiate pain medication (e.g. Vicodin, Percocet, Oxycodone, Morphine, etc.), anxiety medication (e.g. Valium or Xanax), or any other prescription drug, you need representation from a top Middlesex County criminal lawyer if you want to avoid a conviction and penalties. The attorneys at our firm possess the attributes you need to ensure you reach the best outcome in your Edison prescription drug case.
We are Marshall Criminal Defense, the largest firm of its kind in Middlesex County. Our team’s unique qualifications to help you include:
- Over 200 years of collective experience defending criminal charges arising in Edison NJ such as possession of Adderall and other drugs, as well as CDS distribution
- 15 lawyers who limit their practices to representing clients charged with violating the law
- Former Middlesex County Prosecutor’s on Staff
- Former Edison Municipal Court prosecutor on staff
- Certified criminal trial attorneys on staff
- Offices located in New Brunswick directly across from the Middlesex County Superior Court and another office on Route 1 in Edison New Jersey
- A record of success spanning decades handling prescription and other drug cases in the county
If you were charged with any variety of prescription drug offense in Edison, our law office has exactly what is needed to help you. Call us at 732-248-7675 for an immediate free consultation with an attorney. A criminal lawyer is available to take your call anytime 24/7.
Possession & Distribution of Prescription Drugs in Edison New Jersey
The primary law governing prescription possession in Edison, as well as distribution of this form of controlled dangerous substance, is N.J.S.A. 2C:35-10.5. Under this statute, it is illegal for a person to possess for personal use or with intent to distribute a prescription legend drug. The term “prescription legend drug” is defined as any drug which under Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist and is required to bear the statement “Rx only” or a similar warning. A defense to this offense is obviously that possession was authorized since the holder possesses a prescription for the medication.
You should also know that the Edison Police often file charges under classic drug laws when someone is charged possession of a prescription drug or, worse yet, distribution. What this means is that you have charges under not only N.J.S.A. 2C:35-10.5 but also N.J.S.A. 2C:35-5 (i.e. selling, distributing, or possession with intent to distribute), N.J.S.A. 2C:35-7 (i.e. distribution in a school zone), and N.J.S.A. 2C:35-7.1 (i.e. distribution in a public park or public housing zone).
Distribution of Prescription Drugs. In relation to distribution charges under N.J.S.A. 2C:35-10.5, it is a disorderly persons offense for a person to distribute four or fewer dosage units of a prescription legend drug. This increases to a fourth degree offense where the same person distributes four or fewer dosage units for a pecuniary gain. A third degree crime is committed where the offender distributes or possesses with intent to distribute 5 or more dosage units but less than 100 dosage units of a prescription legend drug. Lastly, it is a crime of the second degree where a person distributes or possesses with intent to distribute a prescription legend drug in a quantity of 100 or more dosage units.
Possession of Prescription Drugs. N.J.S.A. 2C:35-10.5e sets forth the grading and penalties for a “person who knowingly possesses, actually or constructively” Oxycontin, Oxycodone, Hydrocodone, Percocet and other opiates, Xanax, Valium, Adderall, or other prescription drugs. A person commits a disorderly persons offense where the quantity of the prescription legend drug found to be in their possession is four or fewer dosage units. All other possession of prescription drug charges, namely those involving five or more dosage units, result in a fourth degree crime.
The penalties associated with these various grades of offenses and crimes are severe. For a disorderly persons offense, whether a distribution or possession charge, a person can be subject to a fine of up to $1,000 and possibly up to 6 months of incarceration. For a fourth degree offense, the offender may be subject to up to 18 months in prison, as well as up to $10,000 in fines. For a third degree offense, which relates only to distribution charges, the penalties and fines only get worse. A third degree offense carries with it the possibility of incarceration for between 3 and 5 years, as well as fines, deviating from normal sentencing guidelines under N.J.S.A. 2C:43-3, of up to $200,000. For a second degree offense, the most severe offense that person can commit under this statute, the penalty is up to 10 years of incarceration, as well as fines, once again deviating from N.J.S.A. 2C:43-3, of up to $300,000.
Prescription Drug Attorney in Edison Township
It should be patently clear from the content on this page that you need to hire the best Edison criminal attorney you can find if you want the greatest opportunity to avoid a conviction. We sincerely believe that the lawyers at our law office, Marshall Criminal Defense, have the skill to escape the negative consequences of a charge for possession of opiate pills or another variety of prescription drug offense. To learn what you we can do to help you, contact our Edison Office anytime 24/7 at 732-248-7675. Initial consultations are always free of charge so do not hesitate to give us a call.
