New Jersey Prescription Drug Lawyer
Possessing or distributing pharmaceutical drugs without holding a valid prescription is illegal in the State of New Jersey. Pharmaceutical drugs are one type of controlled dangerous substance – or CDS.
If you have incurred criminal prescription drug charges in the State of New Jersey, you need an experienced New Jersey criminal defense attorney on your side representing you every step of the way. A prescription drug lawyer in New Jersey can review all of the facts and circumstances of your case and may be able to help you obtain a dismissal of your charges or a favorable plea deal with the State.Defining Prescription Drugs
In order for a drug to qualify as a prescription drug, it must be of the type that only a doctor, pharmacist, or other licensed healthcare practitioner can prescribe. Some of the most common types of prescription drugs include the following:
Under New Jersey law, it is illegal to possess or distribute prescription drugs unless the drugs are validly prescribed by a licensed healthcare provider. Penalties upon conviction can range from six months in prison and $1,000 in fines, to up to 10 years in prison and fines, depending upon the amount of drugs in the defendant’s possession (or which the defendant intends to distribute). To defend against any sort of penalties, an individual should contact a New Jersey prescription drug attorney as soon as possible.Drug Fraud
In the State of New Jersey, it is illegal to obtain prescription drugs by way of forgery, fraud, or deception, such as by forging a fraudulent prescription. Penalties upon conviction can range from three to five years of incarceration, along with heavy fines.Illegal Use of Prescription Drugs
In the State of New Jersey, it is illegal to be under the influence of a drug that was not lawfully prescribed by a licensed health care provider. The penalties upon conviction may include up to six months in prison and $1,000 in fines.Possible Defenses
New Jersey law allows for two types of defenses to criminal prescription drug charges: de minimus defenses and affirmative defenses. A de minimus defense applies when an individual lawfully obtains a prescription drug but unlawfully gives the drug to someone else. For an individual to determine which defense may be applicable in their case, it is important they hire a New Jersey prescription drug lawyer.
Affirmative defenses, on the other hand, allow the defendant to be completely absolved of the underlying crime or charge. Some of the most common affirmative defenses applicable to prescription drug cases include the following:
- The defendant was a licensed pharmacist, researcher, distributor, or manufacturer of prescription drugs.
- The prescription drug at issue was lawfully prescribed by a licensed healthcare provider.
- The defendant is acting under the direction of a supervising physician.
- The defendant is in the business of carrying or transporting drugs, such as a common carrier.
New Jersey does not treat prescription drug crimes lightly. If you are caught possessing or distributing a prescription drug – or attempting to do so without a valid prescription – the penalties can be significant and may potentially include long periods of incarceration and heavy fines.
Depending upon the facts and circumstances of your case, an experienced criminal defense attorney may be able to help you obtain a dismissal of your case or a charge reduction.
You should feel free to contact an experienced New Jersey prescription drug lawyer at any time, via telephone or email, for a free initial consultation.