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Obtaining CDS by Fraud
New Brunswick NJ Prescription Fraud Defense Lawyers
One of the most frequently encountered offenses involving prescription legend drugs in Middlesex County is obtaining CDS by fraud, misrepresentation, forgery or some other form of deception. Our defense lawyers have defended many clients in New Brunswick charged with violating N.J.S.A. 2C:35-13 because they attempted to fill a prescription that was stolen, forged, counterfeit or altered (e.g. quantity or dosage increased). If you were arrested in Woodbridge, Monroe, Old Bridge, Edison or another municipality, you case will be sent to the county courthouse in New Brunswick because that is the only place where the third degree crime of attempting to obtain Oxycontin, Hydrocodone or another drug can be decided. The penalties if you are found guilty of this offense are significant so it is imperative that you seek the assistance of our experienced defense lawyers. We are Marshall Bonus Proetta & Oliver, an eight attorney criminal firm whose staff possesses over a century of experience defending serious drug charges. Several of the attorneys are former prosecutors, including Jason Seidman, Esq., an ex-supervisor in the Middlesex County Prosecutor’s Office. Whether you were arrested for forging a prescription, altering a prescription, calling in a fraudulent prescription, stealing blank prescriptions or tablets, or are physician, doctor, dentist, nurse or pharmacists with a opiate problem, we can help you. We invite you to review the qualifications of our firm in this regard and to give our New Brunswick Office a call anytime 24/7 at 732-246-7126 for immediate assistance.
New Jersey Obtaining a Controlled Dangerous Substance by Fraud Law
The law that applies to fraud for purposes of obtaining CDS is found at N.J.S.A. 2C:35-13 and it provides that:
2C:35-13. Obtaining by Fraud
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. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.
Statute Explained. The state must prove three elements beyond reasonable doubt in order to convict you under 2C:35-13: (1) you acquired or obtained possession of a controlled, dangerous substance; (2) through misrepresentation, fraud, forgery, deception, or subterfuge; and (3) acted knowingly. “Misrepresentation” means a false or incorrect account, explanation or presentation. “Fraud” is the intentional and unauthorized alteration, change, creation, completion, execution, authentication, issuance or transfer of a written document. “Deception” is the purposeful creation or reinforcement of a false impression, or the prevention of another from acquiring information which would affect that person’s judgment of a transaction, or the failure to correct a false impression which was previously created or reinforced. “Subterfuge” is a plan or action, device or artiface used to evade the truth. If any of these means are used to acquire or possess Percocet, Vicodin or another form of CDS, N.J.S.A. 2C:35-13 has been violated.
Penalties. Obtaining CDS by fraud is a third degree crime. This offense is a felony that results in a state prison term of between three (3) and five (5) years. As if a jail term like this were not bad enough, third degree obtaining CDS by fraud also carries a heightened fine of $50,000 as opposed to the $15,000 maximum that typically applies to a third degree crime. You are also subject to a mandatory suspension of your driver’s license of at least 6 months and as much as 24 months.
East Brunswick NJ CDS Fraud Attorney
Individuals are arrested throughout Middlesex County for CDS fraud including in East Brunswick, North Brunswick, Piscataway, Sayreville and South Brunswick. This circumstances is frequently the result of a desperate effort to satisfy an addiction by alteration, forgery, or calling in a bogus prescription. Irrespective of what brought you to this point, an attorney at Marshall Bonus Proetta & Oliver has the ability to help you. Our lawyers are former prosecutors and highly skilled advocates who have successfully represented countless clients accused of violating 2C:35-13. To speak to a lawyer immediately, contact our East Brunswick Office at 732-227-1200.
Related Prescription Drug Resource Pages
|Piscataway Prescription Drug Possession Attorney||New Brunswick Prescription Drug Distribution Lawyers|
|Prescription Forgery Charges||Theft by Deception|