Elmwood Park NJ Prescription Fraud Lawyers
With the sudden rise over the years in prescription drug abuse the legislatures have countered with N.J.S.A. 2C:35-13, obtaining a controlled dangerous substance by fraud. This statute is geared towards trying to curb the prescription drug epidemic, which Bergen County, like the rest of the state, is encountering. As you will see below, this offense is a crime of the third degree, which carries with it the potential of three-five years in a state prison. In addition, the legislatures have increased the applicable fine reach up to $50,000 now, which is $15,000 dollars more than other drug crimes like unlawful possession of marijuana or possession of cocaine with the intent to distribute. The Law Offices of Marshall, Bonus, Proetta & Oliverhas over 100 years of combined experience on staff. We have been successfully representing individuals charged with obtaining prescription drugs by fraud in Bergen County in towns like, Fair Lawn, Elmwood Park, Montvale, Tenafly, Bogota, Mahwah, Englewood, Cliffside Park, Fort Lee and Palisades Interstate Park for over fifteen years. If you or someone you know has been charged with a violation of N.J.S.A. 2C:35-13, we can help. Here is some important information with regards to this offense.
Obtaining Prescription Drugs by Fraud Defense Attorneys in Lyndhurst NJ
N.J.S.A. 2C:25-13: 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. Amended 1997, c.181, s.8.
Therefore, before an individual can be convicted of obtaining a prescription drug by fraud the state must be able to prove that the alleged defendant actually acquired and/or obtained possession of a controlled dangerous substance (CDS), and that the defendant used some form of misrepresentation, fraud, forgery, deception, or subterfuge in order to actually obtain the CDS. This offense is applicable to any of the substance classified in the five schedules or there analog.
Applicable Penalties & Fines if Convicted
As stated above, N.J.S.A. 2C:35-13, obtaining CDS by fraud, is a crime of the third degree (felony). In New Jersey a crime of the third degree carries a presumption of non-incarceration. However, that presumption can be overcome, and if it is a defendant may face up to five years in state prison. Depending on the underline facts of the offense and the defendants past criminal history, they may be eligible for a diversionary program known as Pre-Trial Intervention (PTI). PTI is a diversionary program in New Jersey and if the defendant is a accepted and completes the program without an issues the original charges will be outright dismissed, leaving the defendant without a felony criminal record. In addition, to the potential for state prison, the legislatures have up the maximum fine to $50,000. Some of the other miscellaneous penalties can include, probation, community service, drivers license loss and court ordered rehabilitation.
Prescription Fraud Lawyers in Fair Lawn NJ
The Law Offices of Marshall, Bonus, Proetta & Oliverhas seven criminal defense attorneys on staff, including three former prosecutors. These three attorneys have over twenty years of combined prosecuting experience. This first hand knowledge undoubtedly helps our firm understand exactly how the state plans on presenting their case against you. If you have any more questions with regards to the offense of obtaining a controlled dangerous substance by fraud or any other offense for that matter please contact our Bergen County office for a free initial consultation or check out our drug offense page by clicking here.