New Jersey Attorneys for Oxycodone Possession & Distribution Charges
Oxycodone is an opioid pain medication and one of the most frequently abused narcotic drugs in America. While oxycodone is properly prescribed for pain relief, you can be arrested and jailed 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 a loved one has been arrested, received a criminal complaint or been indicted for an oxycodone offense in New Jersey, the attorneys at the Law Offices of Jonathan F. Marshall can assist you. Our criminal defense attorneys may be able to get charges against you dropped or downgraded, or negotiate so that any penalty handed down includes no jail time.
We are former New Jersey prosecutors and public defenders who use our deep knowledge of N.J. law and contacts in courts statewide to obtain favorable outcomes for our clients. We are known for strategic criminal defense solutions to oxycodone possession and distribution charges and similar prescription drug offense cases.
You should act now if you have been charged with an oxycodone offense, or you know charges are pending. We can start work promptly to defend you. If your arrest was handled incorrectly, we may be able to have charges dropped before going to court.
The Law Offices of Jonathan F. Marshall has nine offices throughout New Jersey, and our oxycodone possession attorneys have connections throughout the state that make it easier for our firm to resolve charges in a positive manner. Call or fill out our online form for a free initial consultation with one of our experienced New Jersey drug crime attorneys today.
Oxycodone Possession and Distribution Charges in New Jersey
In February 2017, N.J. Gov. Chris Christie signed a bill into law to limit most initial prescriptions of pain-killing opioids like oxycodone to five days. It is considered the strictest such law in the nation. This indicates the seriousness New Jersey applies to improper use, possession and distribution of oxycodone, a highly addictive drug that is fueling an opioid addiction crisis across our country.
Under New Jersey law, oxycodone must be dispensed by a licensed doctor or pharmacist and used only by the person to whom it has been prescribed. Possession or distribution of oxycodone, as well as fraudulently obtaining oxycodone, are indictable offenses.
Typical oxycodone-related charges and penalties in New Jersey include:
- Possession of oxycodone without a valid prescription is a fourth-degree offense for having up to four dosages (pills or other units) illegally, a third-degree offense for five to 99 doses, and a second-degree crime for possession of more than 100.
- Illegally distributing oxycodone, such as selling or giving legally obtained drugs to someone else mirrors oxycodone possession charges, progressing in degree and severity according to the number of dosages distributed.
- Obtaining oxycodone through fraud, misrepresentation or deception is a third-degree offense. This charge could be levied for using a prescription written for someone else; forging an oxycodone prescription, such as on a stolen prescription form or pad; or obtaining a prescription under a false identity.
A second-degree offense for possession or distributing a large quantity of pills is the most serious oxycodone charge, and is punishable by 5 to 10 years in jail and up to $300,000 in fines. A third-degree offense is punishable by 3 to 5 years in jail and up to $200,000 in fines. A fourth-degree offense exposes an individual to up to 18 months in jail and up to $10,000 in fines.
If you are convicted for obtaining oxycodone by fraud or forgery, your N.J. driver’s license could also be suspended for at least 6 months. You may also be charged and prosecuted for a theft crime.
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.
If you have been charged with an oxycodone-related offense, you should know that there are several steps to the criminal process in New Jersey. An arrest or indictment does not automatically end in a guilty verdict. However, given the penalties and the consequences of an oxycodone offense on your record, conviction should be avoided at all costs.
With legal representation by the experienced oxycodone defense attorneys of the Law Offices of Jonathan F. Marshall, there are multiple opportunities to avoid severe penalties or even a finding of guilt in an oxycodone possession, distribution, or fraudulent prescription case.
How We Can Defend You From N.J. Oxycodone Charges
There are many reasons oxycodone possession, distribution and forgery or fraud charges are eventually dismissed or downgraded before a defendant goes to court. Prosecutors have to prove their case to obtain a conviction and they, as well as your Law Offices of Jonathan F. Marshall attorney, know when a case does not hold up. Even defendants who go to trial are found not guilty every day.
If you have been arrested on charges related to possessing, selling or acquiring oxycodone, the sooner an attorney from the Law Offices of Jonathan F. Marshall is retained to work for you, the sooner we can challenge the case against you.
There are many questions we will ask to determine the proper approach to your case.
We will challenge whether the prosecution can demonstrate that:
- The items in question were oxycodone
- The items were actually distributed or held by you with the intent to distribute
- The alleged oxycodone was distributed for pecuniary gain (to make money)
- The oxycodone was distributed in quantities identified by the pending charge or applicable statute:
- 100 or more dosage units to qualify as a second-degree offense
- 5 to 99 doses to qualify as a third-degree offense
- 4 or fewer doses to qualify as a fourth-degree offense
Inability to prove the above could lead to charges being dismissed or downgraded.
Other factors we will question include but are not limited to:
- The legality of your arrest and the search and seizure that led to oxycodone charges, including whether there was probable cause to stop and search you or your car
- Whether you were improperly identified to police due to confusion at the scene of your arrest, a flawed suspect lineup, inaccurate or unreliable witness statements, etc.
- Whether the prosecution has verified that the substances allegedly seized from you is oxycodone, and whether the lab, equipment, personnel, etc. involved can be challenged
- Whether proper “chain of custody” of the alleged oxycodone said to have been in your possession can be verified
- Whether a possession charge has been improperly elevated to intent to distribute based on the presence of a large amount of cash, sandwich bags, a household scale or other common household items where you were arrested
New Jersey Diversion Programs and Oxycodone Cases
As we develop a defense against the oxycodone charges you face, problems with the state’s case may allow us to negotiate a dismissal or downgrade. If we cannot obtain exoneration, we may be able to obtain a conditional discharge, or probation, for lesser offenses if you have a clean record.
New Jersey offers two primary diversion programs available for those charged with nonviolent drug offenses and, in most cases, for first-time offenders. They may be available to someone charged with simple oxycodone possession who has a substance abuse problem they are ready to deal with.
If appropriate for you, we may be able to arrange entry into:
- Drug Court- a specialized probation that may be required in certain cases. The program consists of intensive supervision based on frequent drug testing and court appearances, plus tightly structured regimens of substance abuse treatment and participation in 12-step recovery programs. Drug Court also provides counseling and other resources to assist with job training, education and health care.
- Pretrial Intervention (PTI)- a program that requires court supervision for an average of 1 to 3 years toward having charges dismissed. PTI may require psychological and/or drug and alcohol evaluation and obtaining any recommended treatment, as well as random urine tests. But a defendant who completes all conditions of PTI, such as community service and payment of restitution, may have their original charges dismissed with no conviction on their record.
We can advise about the potential for entering PTI or Drug Court, as well as addiction assessment and treatment assistance outside of the New Jersey court system, if appropriate for you.
New Jersey also has a veterans’ diversion program for active and retired members of the military. A veteran accused of nonviolent crimes who has been diagnosed with a mental illness, or who has demonstrated symptoms to law enforcement, friends or family members may be able to enter this program. Participants can avoid trial, and those who complete the program successfully may have charges expunged from their criminal record.
We will work to achieve the most favorable outcome available to you in an oxycodone case. Contact our N.J. drug crime defense attorneys today to learn how we can help you.
Talk to Our N.J. Attorneys About Oxycodone Possession Charges Today
There is much at risk if you have been charged with possession or distribution of oxycodone in New Jersey, but an arrest or indictment does not automatically lead to a guilty verdict. Contact our experienced New Jersey oxycodone possession and distribution lawyers today for a free legal consultation about how we can make a positive difference in your case.
