Possession of Prescription Drug Lawyer in Fort Lee NJ

The number of possession of prescription drug charges in Bergen County has soared over the years. This sudden increase in prescription drug abuse has been destroying families for years now. This has caused law enforcement to take a firm approach on investigating these types of charges, they treat them as seriously as they treat possession of heroin or possession of cocaine with the intent to distribute charges. As you will see below the applicable penalties for anyone convicted of possession of prescription drugs can be devastating on not only your life but on your loved ones as well. Unfortunately these types of drugs can be very addictive and often lead people down a path that they never thought they would find themselves in; shooting heroin. Below is some of the important information with regards to possession of prescription drug charges, including the key elements of the offense and applicable penalties if convicted.

Possession of Prescription Drugs Attorneys in Bergenfield NJ: N.J.S.A. 2C:35-10.5

Key Definitions:

“Prescription Legend Drug”: A “prescription legend drug” is any drug that requires a prescription from a licensed physician, veterinarian or dentist and is embossed with the statement “Rx only”.

“Stramonium Preparation”: A “Stramonium preparation” is any substance prepared from “any part of the stramonium plant in the form of a powder, pipe mixture, cigarette or any other form with or without admixture of other ingredients”.

 Elements of the Offense:

The state must prove beyond a reasonable doubt that the defendant knowingly possess, whether actually or constructively, a prescription legend drug or stramonium preparation in an quantity of five dosages or more.

Grading of the Offense & Applicable Penalties:

Fourth Degree Prescription Drug Possession:

A defendant will be charged with a fourth degree indictable offense if it is determined that there is enough probable cause to determine that he/she possessed five or more dosages (pills) or other legend drugs.  If convicted, a defendant may face up to eighteen (18) months in a New Jersey State Prison. In addition, a defendant may be fined up to $10,000 and  face up to a two year loss of their drivers license. Since this is an offense of the fourth degree, the defendant, if eligible and if accepted, may enter the Pretrial Intervention Program and avoid a criminal record altogether.

 Disorderly Persons Drug Possession

A defendant will be charged with disorderly persons offense if there is enough probable cause to determine that the defendant possessed four (4) or less dosage of a legend drug. If convicted of this offense, the defendant may face up to six months in the Bergen County Jail and a fine up to $1,000. In addition to the fines and potential jail time, the defendant may face up to a two year loss of their drivers license.

Elmwood Park NJ Roxy Possession Lawyer

Potential Defense:

It will be an affirmative defense to any possession of prescription drug charge that the alleged defendant was validly prescribed the specific drug in question. This includes not only the “brand” of drug but also the exact milligrams as well. The burden of proof will be on the defendant.

Fair Lawn NJ Oxycontin Possession Attorneys

If you or someone you know has been charged with possession of prescription drugs in New Jersey The Law Offices of Jonathan F. Marshall can help. Our staff is comprised of eight criminal defense trial attorneys, including four former prosecutors. We have been representing individuals charged with possession of prescription drugs and distribution of prescription drugs in throughout Bergen County in towns like Fort Lee, Carlstadt, Elmwood Park, Englewood, Fair Lawn, Rochelle Park, Palisades Interstate Park and Montvale for over fifteen years. If you have any further questions with regards to this offense or any other drug related offense (click here for more info on different drugs) for that matter please contact any one of our Bergen County Offices for a free initial consultation.