Criminal Defense Attorneys in Ocean County, New Jersey
Prescription fraud, also referred to as “Obtaining CDS by Fraud,” is an increasingly common offense in the State of New Jersey. This and the statewide crackdown on the recreational use of prescription drugs are reasons why the state takes it so seriously. A conviction for prescription fraud will result in prison time and a criminal record. Typically, due to the magnitude of the offense and the complexity of the facts, an experienced criminal defense attorney is necessary in order to navigate the court system and to pinpoint legal issues necessary to negotiate a successful deal with the prosecutor’s office. Successful resolutions of these cases include downgraded charges, remands, dismissal of charges, or admittance into Pre-Trial Intervention. The attorneys at the Law Offices of Proetta & Oliver dedicate their practice exclusively to the defense of clients against criminal and municipal court charges including prescription fraud and other prescription drug-related crimes. We represent individuals throughout Ocean County and New Jersey including Lakewood, Brick, Point Pleasant Beach, South Toms River, Seaside Heights, Stafford Township, Lacey Township, and Berkeley Township. To learn more about how we can help you build a case strategy customized to meet your needs, contact our office today. We are conveniently located in Toms River. To speak with an experienced Ocean County prescription fraud attorney, call (848) 238-2100.
Obtaining CDS by Fraud in New Jersey: N.J.S.A. 2C:35-13
The New Jersey statute for obtaining prescription drugs by fraud is listed below, in pertinent part, for your reading convenience.
§ 2C:35-13. Obtaining Controlled Dangerous Substance 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.
Potential Penalties for NJ Prescription Fraud Charges
As provided in the above statute, the crime of prescription fraud is a third degree indictable offense. Due to the fact that prescription fraud considered a felony in New Jersey, charges for prescription fraud in Ocean County are prosecuted in Ocean County Superior Court. Penalties for a third degree felony conviction can be severe are some have been listed below:
State Prison incarceration up to 3 – 5 years
State monitored probation
Suspension of your driver’s license
Fines of up to $50,000.00
A permanent criminal record
Deportation for non-citizens
Call a Jackson NJ Obtaining Drugs by Fraud Attorney for Additional Information
As mentioned previously, all indictable offenses are heard up in the Ocean County Superior Courthouse and handled by the Ocean County Prosecutor’s Office. Due to the serious and complex nature of the crime, Prescription Fraud is often accompanied by companion charges that may include Forgery or Illegal Possession of Prescription Drugs. Will Proetta, the founding attorney of our law firm, has successfully defended clients against a wide array of criminal and municipal court charges including prescription fraud throughout his legal career. Our criminal defense lawyers will work with the state on your behalf using skillful negotiation tactics and aggressive defense techniques to come to a successful resolution. Our law firm represents clients through Ocean County and New Jersey, including Jackson, Ocean Township, Manchester Township, Forked River, Ocean Gate, Bayville, and Tuckerton. To speak with an experienced Ocean County prescription fraud defense lawyer please contact our Toms River office at (848) 238-2100. We provide initial consultations free of charge.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.