It is no secret that prescription drugs are far more powerful and addictive than drugs like marijuana and cocaine. We have seen how prescription drug addiction can lead an honest person down a dangerous and dark path. When lawfully prescribed, these prescription drugs are commonly used for pain management (often times after a major surgery). However, attempting to ease yourself off of these drugs can prove difficult and may seem impossible to many people. Without a valid prescription for a prescription drug like Valium, OxyContin, Percocet, Vicodin and Demerol, people resort to forged prescriptions slips to fill their addiction. If caught, you will be facing third degree felony charges and possible incarceration in Ocean County for Obtaining CDS by Fraud as well as accompanying charges such as Forgery.
Ocean County has been hit particularly hard by drug addiction. Accordingly, the Ocean County Prosecutor’s Office has made it their initiative to prosecute drug-related crimes with great vigor. Charges for Obtaining a CDS by Fraud may be embarrassing for first-time offenders. You may not want to speak with an attorney out of shame. We understand. At our firm we can show you the care and attention demanded of a hands-on criminal defense attorney. Moreover, with our trial experience, we possess the tools and skills required to successfully handle your case. Call our Point Pleasant office today at 848-238-2100.
New Jersey Law of Obtaining a Controlled Dangerous Substance by FraudPursuant to N.J.S.A. 2C:35-13, the Ocean County Prosecutor’s Office must prove the following elements beyond a reasonable doubt:
That defendant acquired or obtained possession of a controlled dangerous substance;
That defendant did so by misrepresentation, fraud, forgery, deception or subterfuge; and
That defendant acted knowingly.
What is Misrepresentation?
“Misrepresentation” means a false or incorrect account, explanation or presentation.
What is Fraud?
“Fraud” is an intentional deception designed to cause a person to give up property or some other lawful right.
What is Forgery?
“Forgery” is the intentional and unauthorized alteration, change, creation, completion, execution, authentication, issuance or transfer of any writing.
What is Deception?
“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.
What is Subterfuge?
“Subterfuge” is any plan or action, device or artifice used to evade the truth.
Scenarios Involving Obtaining Controlled Dangerous Substance by Fraud
If you are reading this information, then you are probably already dealing with your own scenario that resulted in charges for Obtaining Controlled Dangerous Substance by Fraud. However, for those unaware, here are some of the more frequent fact-patterns that our office has dealt with:
Prescription Forgery: Theft of a prescription pad or photocopy of a blank page. This also involves forged signatures of the listed medical professionals on the top of the prescription page.
Prescription Alteration: Here, the defendant will attempt to alter the number or dosage listed on the prescription to enhance the amount authorized by the medical professional. Generally, these are difficult for pharmacists to identify.
Impersonation of a patient or doctor: This is the rarest form of the three. However, we have seen instances were a person will steal a friend or family member’s prescription and attempt to submit it at a Walgreens or CVS pharmacy.
Obviously, this is not an exhaustive list and there may be other scenarios left off that you could be concerned with. Call our office to learn about your fact-specific matter.
What are the Possible Penalties for Violating N.J.S.A. 2C:35-13?
As mentioned before, a Obtaining a CDS by Fraud is a third degree crime. Under N.J.S.A. 2C:43-6, a third degree crime carries between 3 and 5 years in a State Penitentiary, along with a fine $50,000 fine (this fine is specific to this type of violation. Because this is a drug-related crime, the Ocean County Prosecutor’s Office may attempt to require mandatory Drug Court as a resolution to your matter. Drug Court is intensive and difficult for may of its participants to complete. Speak with an attorney about the requirements of Drug Court and if it is a reasonable option for your case.