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Prescription Drug Offenses

We have successfully defended our clients against thousands of Criminal, DWI, and Municipal Court charges throughout Hudson County and New Jersey.

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Jersey City Prescription Drug Crime Attorneys

In more recent years, New Jersey has begun to target and crack down on individuals who are found in possession of prescription drugs that have been obtained improperly without a valid prescription from a doctor. Our office has experience representing clients for the unlawful possession and/or distribution of prescription drugs such as Adderall, Oxycontin, Percocet, Vicodin, and Xanax throughout New Jersey. Although many of these opiated-based medications are legally prescribed by doctors to treat severe pain or anxiety, the use of the pills by individuals other than those to whom they are prescribed is considered illegal and a crime in New Jersey. These prescription drugs are labeled as narcotics and are closely monitored by the State because of their high risk for addiction.  If convicted of the possession of prescription drugs without a valid prescription, you risk incarceration in prison, probation, loss of your driver’s license, and thousands in fines. Proetta & Oliver is dedicated to solely defending clients for criminal and municipal court charges in New Jersey including Hoboken, Jersey City, Secaucus, North Bergen, Bloomfield, Newark, Kearny, and Nutley. If you would like to discuss your case with an experienced prescription drug lawyer contact our Jersey City office at (201) 793-8018.

Prescription Drug Fraud and Forgery Lawyer

A prescription legend drug is defined as a medication that can only be sold or dispensed only upon the prescription of a licensed medical practitioner (licensed physician, veterinarian or dentist). If you try to forge or falsify a prescription to obtain Rx drugs then you will be charged the separate crime of prescription drug forgery.

Obtain by Deception or Forgery

4th Degree Felony – Use of fraud or deception – punishable by up to 18 months in prison

Possession of Prescription Drugs

4th Degree Felony – Possession of 5 or more dosages – punishable by up to 18 months in prison

Disorderly Persons Offenses – Possession of 4 or less dosages – punishable by up to 6 months in county jail.

Under the Unlawful Influence of Prescription Drug

Disorderly Persons Offense – Exhibiting symptoms of being under the influence – punishable by up to 6 months in county jail.

Distribution of Prescription Drugs or Medications

As in a majority of drug crimes, the degree of severity of the charge is determined by the quantity of drugs that are seized.  The more drugs that you are found to be in possession of, the higher the penalty.  Having an experienced criminal lawyer for representation of these  prescription drug charges is crucial as there are many issues to be litigated in these cases. Below, a chart has been provided to depict the break down of the degree of charges for prescription drug distribution and possession of prescription drugs with intent to distribute.

        Degree                                                   Dosage                                                           Penalties

Second Degree

100 or more dosage units for financial gain

5 – 10 years in prison; presumption of incarceration

Third Degree

99 – 5 dosage units for financial gain

3 – 5 years in prison

Fourth Degree

4 or fewer dosage for financial gain

Up to 18 months in prison

Disorderly Persons Offense

4 or fewer dosage without financial gain

Up to 6 months in jail

Defenses for Prescription Drugs Charges

As shown above, prescription drug crimes are not to be taken lightly.  The state of New Jersey takes prescription drug crimes very seriously and without direct knowledge of the laws, they can be tough to handle.  As founding attorney, William A. Proetta, has successfully handled thousands of criminal and municipal court cases including prescription drug charges and can assist individuals charged with these crimes in attaining a successful outcome such as a downgrade or admittance into programs such as Pre-Trial Intervention.  Our office represents clients throughout New Jersey including Harrison, Bayonne, Montclair, West New York, Union City, Guttenberg, Belleville and Weehawken.  If you would like to consult with an experienced prescription drug defense attorney, please contact our Jersey City office at (201) 793-8018 for a free initial consultation.