Prescription Forgery

New Brunswick NJ Prescription Forgery Defense Lawyers

One of the most rapidly growing areas of drug crime dealt with by our defense lawyers is obtaining prescription legend drugs through fraud and forgery of prescription documents. Although these charges are often referred to interchangeably, they are actually separate offenses which someone can face at the Middlesex County Superior Court, New Brunswick NJ. A forgery charge arises out of N.J.S.A. 2C:21-1 and involves different proofs than a complaint based on N.J.S.A. 2C:35-13. The key ingredient of a forgery case is the act of modifying or altering a document as opposed to the objective or scheme sought to be perpetrated. Irrespective, you should know that forgery is always a third degree crime or a fourth degree crime, both of which are felony offenses under New Jersey law which can only be adjudicated in New Brunswick. So whether you are initially charged in Plainsboro, Spotswood, Woodbridge, Carteret or another Middlesex County municipality, your case will end up being sent to the county courthouse located just across the street from our New Brunswick Office. The defense team of our firm, The Law Offices of Jonathan F. Marshall includes Jason Seidman, Esq., a former supervisor in the Middlesex County Prosecutor’s Office, and other ex-prosecutors with over a century of criminal law experience. To speak to Mr. Seidman or one of the other attorneys on our staff, call us at 732-246-7126. A lawyer is available for free consultation anytime 24/7.

New Jersey Prescription Forgery: N.J.S.A. 2C:21-1

In accordance with N.J.S.A. 2C:21-1, an individual may be charged with forgery if  they do any of the following in furtherance of a fraud:

1. Alter or change a writing of another without permission;
2. Makes, completes, executes, authenticates, issues or transfers a writing which purports to be the authorized act of another, or to have been executed at a time or place other than was actually the case, or to be a copy of an original when no such original existed; or
3. Utters any writing which he knows to be forged.

An individual who violates 2C:21-1 is guilty of a crime of either the third degree or fourth degree depending on the underlying circumstances. For purposes of this statute, “writing” includes printing of any kind, as well as any other method of recording, including money, credit cards, prescriptions and checks.

Grading of Prescription Fraud. A forgery involving a New Jersey Prescription Blank is a third degree crime. Common examples of prescription forgery include filling out a bank, modifying and/or altering the dosage or quantity on a blank, changing the medication or signing a blank as if you were the physician/doctor who prescribed the medication. If the prescription drug offense involves a forgery of something other than a blank, it is a fourth degree crime.

Penalties for Prescription Forgery. Alteration, counterfeiting, or any other form of prescription blank forgery results in a third degree crime. The prison term for third degree prescription forgery is three (3) to five (5) years. A fine of up to $15,000 also applies. Sentencing for fourth degree prescription forgery can result in in up to eighteen (18) months in jail and a $10,000 fine.

Edison Prescription Forgery Attorney

Woodbridge is one of the most populated municipalities in Middlesex County with a large number of pharmacies. This explains why our lawyers represent more clients arrested and charged with prescription forgery in this township than most communities in the region. Whether you are someone facing charges out of Woodbridge or a smaller town like Metuchen, South Brunswick, Monroe or Highland Park, sound representation is going to pivotal to averting serious penalties. A lawyer at The Law Offices of Jonathan F. Marshall is fully capable of serving you in this capacity. To speak to an attorney on our staff immediately, call our Woodbridge Office at 732-751-4458.

Frequently Asked Questions in Middlesex County Prescription Forgery Cases

What Is The Penalty For Prescription Forgery In New Jersey? Forgery, which also applies to prescription forgery, is an indictable offense (essentially a felony) in New Jersey. Indictable offenses are serious crimes that can involve jail time and significant fines. If you are convicted of prescription forgery, you can face up to five years in jail and pay a fine of up to $15,000. It is important to remember that the sentence you receive for a prescription forgery offense is set by the judge and may depend on a number of factors, including your criminal history. 

Can Prescriptions Be Forged? Yes. Prescriptions are often forged, and several actions can result in a prescription forgery charge. While safeguards exist to prevent forgery, every day prescription pads are stolen or altered in order to fraudulently obtain controlled dangerous substances. Examples of what could constitute prescription medication forgery include changing the dosage on the prescription, filling out a blank prescription, altering the name or drug to be prescribed, and signing a prescription as if you were the doctor who issued it.  

What Is The Charge For Writing A Fake Prescription? In New Jersey, if you are suspected of writing a fake prescription for prescription drugs, you can be charged with forgery. A forgery charge can result from filling out a blank prescription, altering an existing valid prescription, and fraudulently signing a doctor’s name on a prescription. Prescription forgery is an indictable offense, and if convicted, you may be sentenced to jail time and ordered to pay fines. 

What Are Some Defenses To Prescription Forgery? Prescription forgery can be difficult to defend against as it is generally not allowable for any person to write or change a prescription unless they are a licensed medical professional. Still, if you somehow received consent from a physician to change something on the prescription, like the incorrect spelling of your name, you may be able to defend against a prescription forgery charge. 

Another possible defense is that you were unaware that the prescription was altered. For example, if someone else altered the prescription without your knowledge, and you then attempted to get it filled, you may be able to defeat a prescription forgery charge. 

Can I Receive Conditional Discharge For A Prescription Forgery Charge? Conditional discharge is generally only available to individuals who are first-time offenders and have been charged with a disorderly persons offense. Because prescription forgery is an indictable offense, you will likely not be eligible for a conditional discharge. However, other diversionary programs (pre-trial intervention, recovery court) may be available to you, depending on the circumstances surrounding the offense and your prior criminal history. 

If I Have A Substance Abuse Problem, What Options Do I Have If I Have Been Charged With Prescription Forgery? It is not uncommon for individuals charged with prescription forgery, prescription drug fraud, or other prescription drug charges to have an underlying drug problem that is driving their criminal behavior. In New Jersey, diversionary programs exist for certain offenders who have substance abuse issues and can help them resolve their criminal charges outside of the traditional criminal justice system. To be sure, not all individuals are eligible for a diversionary program. If you are eligible for one of these programs, you may have your prescription forgery charge withdrawn after you complete certain conditions set by the court. 

Will A Prescription Forgery Charge Go On My Criminal Record? Yes. Unless you complete a diversionary program wherein the charge is eventually removed from your record, a prescription forgery charge will go on your criminal record. You should also be aware that no matter the outcome of your prescription forgery case, the fact that you were arrested will remain on your record unless you have the arrest removed separately. Working with an experienced criminal defense lawyer is essential to having the charge and arrest removed from your criminal record if you are eligible to do so. 

Additional Prescription Drug Resources For Your Assistance