It happens all-too-often: your prescription runs out and you are left without the necessary medication to treat your pain, or perhaps, you have become addicted and don’t know where to turn. These situations are strikingly common in today’s pharmaceutical-saturated environment and many times, they lead to desperate measures to obtain these medications. In response to the epidemic of prescription drug abuse in New Jersey, legislators have passed multiple laws aimed at regulating the prescribing patterns of these drugs. As such, individuals who are found in illegal possession of prescription medication and those who have obtained these prescription drugs through fraud, can face severe consequences. Whether your charges involve Xanax, OxyContin, Adderall, Vicodin, Percocet, Valium, Ritalin, Suboxone, or another prescription medication, it is critical to enlist an experienced defense attorney who can thoroughly protect your interests.
At The Law Offices of Jonathan F. Marshall, our talented team of attorneys includes those named among the Top 100 Criminal Attorneys, Top 40 Criminal Attorneys under 40, and Best Attorneys in America by organizations such as National Trial Lawyers. With experience on both sides of the legal aisle, our former County and Municipal Prosecutors approach each case with a unique perspective of: “How will the State support its case against our client?” and further, “How can we effectively undermine these arguments?” With a focus on building a solid and comprehensive defense strategy, we examine each and every piece of the puzzle in order to ensure that we achieve the best possible results for our clients. Our centrally-located Bridgewater office allows us to appear in courts throughout Somerset and Hunterdon counties on a daily basis, working collaboratively with you and the members of our criminal trial team to overcome the charges you are facing. For a free initial consultation with one of our criminal defense lawyers, contact our offices today at 908-722-1011.
Prescription Fraud in New Jersey: N.J.S.A. 2C:35-13
The statute which governs offenses often referred to as “Obtaining a Controlled Dangerous Substance by Fraud” is outlined in section N.J.S.A. 2C:35-13 of the New Jersey Criminal Code. According to this statute:
It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. A violation of this section shall be a crime of the Third Degree.
More often than not, these crimes are committed when a person attempts to obtain a prescription medication at a local pharmacy by passing a fraudulent or forged prescription blank. In order to obtain more pills or refills, or to obtain a prescription medication for which they do not have a valid prescription, they may alter a prescription that they were provided or attempt to duplicate a valid prescription and pass it off as legitimate. Due to the nature of the offense, prescription fraud charges are often accompanied by those for other offenses such as forgery, theft by deception, and illegal possession of prescription drugs.
Contact our Montgomery Twp. NJ Prescription Forgery Lawyers for Answers
If you are found guilty of obtaining a prescription medication through fraud in New Jersey, you may be sentenced to serve between 3 and 5 years in New Jersey State Prison and be subject to a fine of up to $50,000. However, there are multiple avenues to avoid these penalties. Of course, the most desirable outcome is an outright dismissal. If this is not likely, third degree offenses are associated with a presumption of non-incarceration for first time offenders, meaning that you may be considered a viable candidate for probation or a diversionary program such as Pre-Trial Intervention. In addition, New Jersey offers its Drug Court Program to those who would consider rehabilitation as an alternative to prison. In order to have a complete understanding of all of the options that may be available to you, it is advisable to seek knowledgeable legal counsel. At The Law Offices of Jonathan F. Marshall, we offer honest and comprehensive case assessments at no cost. Simply contact our offices at 908-722-1011 for a free consultation.
