Were You Charged With An Ambien Offense In New Jersey?
When faced with an Ambien possession charge in New Jersey, you need legal representation that’s both formidable and reliable. Choose The Law Offices of Jonathan F. Marshall, which has over 200 years of combined experience, a team of dedicated criminal defense attorneys, recognition among the Top 100 lawyers, and a Supreme Court Certified Criminal Trial Attorney in our ranks. Secure your future by reaching out to us at (877) 534-7338 or contact us online. We’re ready to fight for the most favorable outcome for you.
Ambien, known as Zolpidem in its generic form, is a prescription sedative drug primarily used to treat insomnia. Its purpose is to help individuals struggling with sleeplessness to fall asleep more easily. However, Ambien’s effect, when used unlawfully, poses risks as it can be both addictive and hazardous. Similar medications containing Zolpidem include Intermezzo, Edluar, and Zolpimist. In the US, Ambien misuse is prevalent (e.g., mixing Ambien with other drugs or ingesting Ambien before getting behind the wheel), and in the state of New Jersey, the consequences for possessing or distributing it illicitly are severe.
Penalties For Ambien Possession Charges / Ambien Distribution Charges
Based on the Controlled Dangerous Substances Act, Ambien is classified as a Schedule IV drug by the Drug Enforcement Administration (DEA). Drugs in this category are characterized by their low potential for abuse, accepted medical use in the country, and limited likelihood of physical or psychological dependence compared to Schedule III substances.
The penalties for Ambien charges in New Jersey vary depending on the quantity possessed and the method employed to acquire it, as Ambien is a prescription drug.
Second Degree Ambien Possession With Intent To Distribute – Possessing 100 Or More Ambien Pills
Possessing a significant quantity of Ambien with the intention to distribute it to others is considered a highly serious offense. Convicted individuals may face fines of up to $300,000 and a maximum of 10 years of imprisonment in a New Jersey State Prison.
It is important to note that driving under the influence of Ambien, commonly referred to as Ambien DUI, is also a chargeable offense that can result in legal consequences.
If you find yourself facing federal marijuana charges, it is crucial to consult with an experienced criminal defense firm that can provide you with the guidance and representation necessary to protect your rights and achieve the best possible outcome for your case.
Third Degree Ambien Possession – Possessing 5-99 Ambien Pills
Possession of Ambien in larger quantities carries more substantial penalties. Convicted individuals may face fines of up to $200,000 and a maximum of 5 years of imprisonment in a New Jersey State Prison.
Ambien Prescription Fraud, Forgery, Or Theft – Third Degree Crime
Engaging in activities such as forging prescriptions, stealing Ambien, or committing fraud related to the acquisition of Ambien prescriptions is considered a serious offense. Potential consequences consist of up to a $50,000 fine and a maximum of 5 years of imprisonment in a New Jersey State Prison.
Fourth Degree Ambien Possession – Possessing 4 Or Less Ambiens With No Prescription
For this offense, individuals found in possession of a small quantity of Ambien without proper authorization still face consequences. Possible penalties involve up to a $10,000 fine and a maximum of 18 months of incarceration in a New Jersey State Prison.
Illegal Use Of Ambien – Disorderly Persons Offense Or Misdemeanor
This offense encompasses scenarios such as being found under the influence of Ambien, failing to surrender the drug to a police officer, or carrying it in a different container than the original one. Potential penalties include up to a $1,000 fine and a maximum of 6 months of imprisonment. Other serious offenses could arise with sleeping medications, such as the commission of an Ambien-induced DUI. An Ambien DUI conviction in NJ could result in harsh penalties.
Defenses To Ambien Possession Charges
When facing Ambien charges in New Jersey, it is important to explore potential defenses that can help protect your rights and potentially mitigate the consequences. Here are some common defenses that can be used in Ambien-related cases:
Valid Prescription Defense
If you have a legitimate prescription for Ambien from a licensed healthcare professional, this can be a strong defense. Providing evidence of a valid prescription can show that you were using the medication legally and as prescribed.
Lack Of Possession
One possible defense is to challenge the prosecution’s ability to prove that you were in actual possession of Ambien. This defense strategy involves demonstrating that the Ambien was not found on your person or within your control.
Search And Seizure Unlawful
If police conducted an unlawful search or seizure, the evidence obtained within that process, if any, could be disallowed in court. This defense is based on violations of your Fourth Amendment rights, which protect against unreasonable searches and seizures.
Mistaken Identity
If there is a possibility of mistaken identity, where you were wrongly identified as the individual in possession of Ambien, this defense can be employed. Providing evidence that proves you were not the person involved in the alleged offense can help support this defense.
Lack Of Intent To Distribute
If charged with possession with intent to distribute, you can present evidence demonstrating that you did not have the intention to distribute Ambien. This could involve showing that the quantity of Ambien found was for personal use only.
Violation Of Miranda Rights
If you were not properly informed of your Miranda rights during the arrest or interrogation process, any statements made during that time may be suppressed as evidence. This defense focuses on ensuring that your constitutional rights against self-incrimination were upheld.
Chain Of Custody Issues
The prosecution is responsible for establishing the chain of custody of the Ambien pills presented as evidence. If there are doubts about the integrity of the evidence or if proper protocols were not followed in handling and storing the Ambien, it can raise questions about the reliability of the evidence.
Entrapment
If the police induced or coerced you into possessing or distributing Ambien, you may have an entrapment defense. Law enforcement officers entrap an individual when they encourage or induce them into committing a crime that they wouldn’t have committed otherwise.
Frequently Asked Questions About Ambien Charges
What Should I Do If I Am Facing Ambien Charges In New Jersey?
If you are facing Ambien charges, it is crucial to seek legal representation from an experienced criminal defense attorney as soon as possible. They can guide you through the legal process, protect your rights, and develop a strong defense strategy.
What Are The Potential Penalties For Ambien Charges In New Jersey?
The penalties for Ambien charges in New Jersey vary depending on factors such as the quantity possessed, the intent to distribute, and the manner of acquisition. Penalties can range from fines to imprisonment, with more severe consequences for larger quantities and intent to distribute.
Can I Be Charged With Driving Under The Influence (DUI) Of Ambien?
Yes, driving under the influence of Ambien, also known as Ambien DUI, is a chargeable offense. If you are found to be impaired while operating a vehicle due to Ambien use, you can face DUI charges, which may lead to penalties such as license suspension, fines, and potential imprisonment.
Is It Possible To Have My Ambien Charges Reduced Or Dismissed?
Depending on the circumstances of your case, it may be possible to have your Ambien charges reduced or dismissed. This can be achieved through various defense strategies, such as challenging the evidence, proving lack of intent, or demonstrating constitutional rights violations. Consulting with an experienced criminal defense attorney is crucial to explore your options.
What Are Some Common Defenses Against Ambien Charges?
Common defenses against Ambien charges can include presenting a valid prescription, challenging possession or lack of control, asserting violations of your constitutional rights, questioning the integrity of the evidence, raising issues of mistaken identity, lack of intent to distribute, or invoking the defense of entrapment. The viability of each defense depends on the specific details of your case.
Can I Avoid Jail Time For Ambien Charges?
The potential for jail time depends on the severity of the charges, the specific circumstances of the case, and the effectiveness of your defense strategy. A skilled criminal defense attorney will work to protect your rights, explore all possible defenses, and strive to achieve the best possible outcome, which may include minimizing or avoiding jail time.
Can I Expunge Ambien Charges From My Criminal Record?
Expungement eligibility and requirements vary by jurisdiction. In New Jersey, certain drug offenses, including Ambien charges, may be eligible for expungement after a specific waiting period and meeting other criteria.
New Jersey Ambien Charge Lawyer
If you are facing an Ambien possession charge or any other Ambien-related offense in New Jersey, don’t leave your future to chance. Choose to defend your rights with the sleep medication Ambien lawyers at The Law Offices of Jonathan F. Marshall. With a comprehensive arsenal of over 200 years of combined experience and a dedicated team of 11 criminal defense attorneys exclusively practicing criminal law, our firm stands as a fortress of legal proficiency. Among us, we boast seven former prosecutors, four of whom held directorial positions with the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division. This breadth of experience offers you a unique insight into the strategies of prosecutors and enables us to devise potent defenses.
Our team isn’t just experienced; it’s recognized. Multiple attorneys from our firm have been selected to the National Trial Lawyers Top 100 or Top 40 Under 40, signaling our unwavering dedication to providing the best defense for our clients. We’re proud to announce that two of our lawyers were recently recognized as Super Lawyers Rising Stars for 2021, an accolade bestowed on only 2.5% of attorneys in New Jersey. And we don’t stop there. Our team includes an attorney Certified by NJ Supreme Court as a Criminal Trial Attorney. Under one percent of criminal lawyers in the state have that status.
Our rich history of knowledge, our team’s diversity and recognition, and our unwavering dedication to protecting your rights are why you should choose The Law Offices of Jonathan F. Marshall. Don’t compromise your future. Connect with us today at (877) 534-7338 or contact us online to discuss your case. We are committed to fighting for the most favorable outcome for you.
