Shrewsbury NJ Prescription Fraud Defense Attorneys
As prescription drugs become increasingly prevalent in our society, use and abuse of these drugs has also become a focus of legislators, who have passed multiple laws geared at deterring prescription drug-related crimes. In the case of prescription fraud, also known as “obtaining a controlled dangerous substance (CDS) by fraud,” drug charges and fraud or forgery charges collide. Generally, prescription fraud occurs when a person attempts to fill a fraudulent or forged prescription in order to obtain a prescription medication for which they do not have a valid prescription. The fraudulent prescription may pose as an initial prescription or a refill to which the person is not entitled. Due to the nature of the offense, these charges often arise in conjunction with others such as possession of prescription drugs, forgery, or theft by deception.
Typically, prescription fraud is classified as a third degree indictable felony, meaning that a conviction may result in a sentence to serve between 3 and 5 years in New Jersey State Prison, as well as a fine of up to $50,000. However, it is important to note that third degree crimes in New Jersey entail a presumption of non-incarceration for first time offenders, Essentially, this means that a defendant who has no prior criminal record may be eligible for probation or a diversionary program such as Pre-Trial Intervention (PTI). If you are enrolled into PTI, you can achieve the dismissal of the charges against you by completing program requirements during a probationary period.
At Chamlin, Rosen, Uliano & Witherington, our attorneys often pursue Pre-Trial Intervention as an attractive alternative when an outright dismissal is unlikely. Of course, we always conduct an extensive investigation to identify any and all potential arguments for a dismissal prior to facilitating enrollment in PTI. Through collaboration among our criminal defense team and with our highly valued clients, we have achieved countless desirable outcomes in cases across Monmouth County. All in all, when you enlist our firm, you find decades of experience and an approach to clients as family members. To speak with one of our knowledgeable lawyers today, contact our West Long Branch offices at 732-440-3950 or call toll free at 888-328-9131 to discuss your case.
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.
As stated above, prescription fraud is generally considered a third degree crime, which is punishable by a prison sentence of up to 5 years and a fine of up to $50,000. These penalties are notwithstanding others that may be imposed if you are convicted of another crime such as forgery, theft by deception, or unlawful possession of a prescription drug such as Xanax, Adderall, OxyContin, Suboxone, Valium, Vicodin, Percocet, Ritalin, Suboxone, or another substance subsumed under the “prescription legend drugs” statute.
Contact Monmouth County NJ Prescription Forgery Lawyers for Immediate Assistance
Your reputation and your future are far too important to leave in the hands of fate. Our team of legal advocates will work tirelessly to protect and serve your interests. To speak with a member of our seasoned criminal defense team, contact us at either of our Monmouth County office locations. We are available anytime at 732-440-3950 or toll free at 888-328-9131 to answer your questions.