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 at the Superior Court 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 in Middlesex County, your case will be sent to the county courthouse 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 Criminal Defense, the largest firm of its nature in the county and possibly the state. More importantly, we possess exceptional qualifications that are truly unparalleled, including:
- 15 attorneys that specialize exclusively in defense of those accused of violating the law
- Over 200 years for combined experience representing clients charged with prescription fraud and other crimes in Middlesex County
- Former prosecutors such as Jason Seidman, Esq., who formerly served as a Director in the Middlesex County Prosecutor’s Office
- Lawyers who have served as the prosecutor in Woodbridge, Edison, East Brunswick, New Brunswick, Piscataway and several other major towns in the county
- Certified criminal trial attorneys on staff
- An office located directly across from the Middlesex County Superior County, and another along U.S. Route 1 in Edison New Jersey
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 artifice 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.
Diversion Programs. There are two primary programs that a defendant can utilize in hopes of avoiding a conviction for prescription fraud in Middlesex County. The first option is Pretrial Intervention or PTI. This program is largely reserved for first time offenders and requires completion of at least one (1) year of probation and supervision. If an individual successfully completes PTI, his/her criminal charge for obtaining CDS by fraud is dismissed without any record of conviction. The second program, which is clearly much more onerous and typically only invoked if jail/prison is inevitable otherwise, is Drug Court. The probationary period is as much as five (5) years and requires completion of many steps/stages in order to graduate.
Pretrial Release & Bail in Prescription Fraud Cases. New Jersey undertook bail reform some time ago and now there is no longer the streamlined opportunity for someone to secure release following arrest by posting bail. The process now requires that every individual arrested be taken to the Middlesex County Correctional Institute so that he/she can have a first appearance before a judge who can review the defendant’s record and set conditions for release.
Middlesex County 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 The Law Offices of Jonathan F. Marshall 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.
Frequently Asked Questions in Middlesex County Prescription Fraud Cases
Is Obtaining CDS By Fraud A Felony In New Jersey? Obtaining CDS by fraud is a serious crime in New Jersey. It is usually charged as an indictable offense (essentially a felony), and if convicted of it, you can receive a sentence of up to five years in jail and a fine of up to $50,000. You may also lose your driver’s license for as long as two years. As with just about any indictable offense conviction, the arrest and disposition of the case will also go on your criminal record.
If I Have A Drug Problem, Are There Any Programs Available If I Am Charged With Obtaining CDS By Fraud? Throughout New Jersey, recovery courts may be made available to defendants who have a drug or alcohol problem and are facing criminal drug charges. Recovery court exists to provide individuals that struggle with substance abuse a pathway to resolve their criminal charges outside of the traditional criminal justice system. This can involve random drug testing, intensive therapy, and other conditions that will ensure the defendant gets the help they need to move forward.
Note that not all defendants are eligible for recovery court, and failure to complete the requirements set by the court will likely result in removal from the program.
What Are Some Defenses To Obtaining CDS By Fraud? To prove an obtaining CDS by fraud charge, the prosecutor must prove several elements. They must show you acquired or obtained a controlled dangerous substance through fraud or misrepresentation and that you did so knowingly. Clearly, it is a defense against obtaining CDS by fraud if you have a valid prescription for the drug. It may also be a defense if you were unaware that you possessed the CDS. You may also defeat an obtaining CDS by fraud charge if you can successfully argue that the substance you acquired was, in fact, not a controlled dangerous substance.
Can I Go To Jail For Obtaining CDS By Fraud? Yes. Obtaining CDS by fraud is classified as an indictable offense in New Jersey. This means that it is a serious drug charge and can result in up to 5 years in jail. Aside from jail time, a conviction for obtaining CDS by fraud can result in you having difficulty securing or maintaining employment, finding adequate housing, and it may affect your custody rights with your children.
How Can A Lawyer Help Me If I Have Been Charged With Obtaining CDS By Fraud? If you are facing any criminal charge, having an experienced criminal defense attorney on your side is essential. Navigating the criminal justice system can be extremely difficult without a competent advocate in your corner. If you have been charged with obtaining CDS by fraud, you may be facing jail time and fines. An experienced criminal defense attorney can look at the circumstances surrounding your case and craft a strategy that will allow for the most favorable outcome for you. This may involve applying for your case to be diverted or seeking substance abuse treatment to address the underlying cause of your criminal behavior.
Can I Get A Conditional Discharge If I Am Charged With Obtaining CDS By Fraud? In most cases, obtaining CDS by fraud is an indictable offense. What this means is that you will likely be ineligible for conditional discharge as that program is typically reserved for disorderly persons offenses. You may, however, qualify for pre-trial intervention, which could result in the charges against you being resolved if you complete certain conditions set by the court.
Related Prescription Drug Resource Pages
