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Monmouth County Criminal Defense Lawyers

If you have been arrested, charged with a criminal offense, or are under investigation, it is crucial that you speak to an experienced Monmouth County Criminal Defense Lawyer about your options.

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Prescription Drug Distribution

Xanax Distribution Lawyers in Monmouth County NJ

The number of prescription drug arrests throughout New Jersey has been on the rise over the years and Monmouth County in particular has seen its fair share of arrests. The fact that certain prescription drugs have hit the black market so fast it has really skyrocketed the number of prescription drug distribution arrests over the years. In fact, in an effort to combat the problem, the legislature in 1999 had to create a separate section of the New Jersey criminal code to combat these types of offenses. Not only did they create another subsection for prescription drug offenses but they also increased the potential penalties as well. So, whether you are a doctor accused of issuing unnecessary prescriptions or a distributor working the streets, the Monmouth County prescription drug distribution defense lawyers at Proetta & Oliver can help. These are very serious charges and the penalties can range up to a decade in prison. Furthermore, the prosecution can also seek to prosecute anyone charged with distributing prescription drugs under the traditional drug distribution statute as well.

If you have been charged with distributing prescription drugs like Xanax, Oxycontin, Roxy’s, Valium, Percocets or any other prescription drug for that matter, in Monmouth County, it is crucial that you speak to an attorney about your options. If you would like to come into our office and discuss your options with one of the attorneys on staff, then please contact us at (732)858-6959. We can go over the facts of your case and formulate a defense that works best to suit your needs. Our attorneys are well aware that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt our defenses to fulfill your needs, whether that be a trial or negotiating a favorable plea deal. We serve all of Monmouth County, including towns like Holmdel, Middletown, Howell, Aberdeen, Belmar, West Long Branch, Long Branch, Asbury Park and Tinton Falls. Our office is located at 18 Kings Highway in Middletown, right across the street from the courthouse.

Oxycontin Distribution Defense Lawyers in Howell NJ

As a result of the prescription drug epidemic that was sweeping through New Jersey, the legislature reacted by creating NJSA 2C:35-10.5. This subsection of the drug statute covers not only the distribution of prescription legend drugs but it also covers the possession of prescription legend drugs as well. Furthermore, the prosecution still has the ability to prosecute a Defendant under the traditional drug distribution statute which is NJSA 2C:35-5. So now the prosecution in essence has two different sections in which they could charge a Defendant under. If you have been arrested for distributing Xanax or possessing Oxycontin with the intent to distribute in Monmouth County, let the attorneys at Proetta & Oliver help. These are serious charges and they can have absolutely devastating consequences if not handled properly. Our attorneys are available immediately for a free consultation at (732)858-6959.

Are Prescription Drug Distribution Charges a Felony in NJ?

Anyone charged with distributing a prescription drug in Monmouth County may be facing either a disorderly persons offense (misdemeanor) or a second, third or fourth degree felony. What will dictate what degree a Defendant is charged with will depend directly on the “dosages” that were seized. Here is a breakdown,

N.J.S.A. 2C:35-10.5a(1) Covers anyone caught with 4 or fewer pills:

  • Pursuant to N.J.S.A. 2C:35-10.5a(1), if a Defendant is alleged to have distributed four or fewer dosages of a prescription legend drug then they will be charged with a disorderly persons offense.
    • A Defendant convicted under this subsection will be facing a potential six month jail sentence, a fine ranging up to $1,000, a criminal record and a loss of driving privileges. This difference between this subsection on the following one deals strictly with whether the distribution was for pecuniary gain.

N.J.S.A. 2C:35-10.5a(2) Covers anyone caught with 4 or fewer pills:

  • Pursuant to  N.J.S.A. 2C:35-10.5a(2), if the Defendant is alleged to have distributed for pecuniary gain or possess with intent to distribute for pecuniary gain four or fewer dosages of a prescription legend drug, a Defendant will be facing with a fourth degree felony offense. As touched upon above, what separates this offense from a disorderly persons offense is whether or not the Defendant was doing it for pecuniary gain.
    • If the Defendant is convicted of this offense he will be facing up to 18 months in prison, a fine up to $10,000, a felony criminal record and a potential loss of driving privileges.

N.J.S.A. 2C:35-10.5a(3) Covers anyone caught with more than 4 doses but less than 100.

  • N.J.S.A. 2C:35-10.5a(3) states that if a Defendant is accused of distributing for pecuniary gain or possess with intent to distribute for pecuniary gain more than four doses but but fewer than 100 doses, a Defendant will be charged with a third degree felony offense.
    • A Defendant convicted of this subsection will be facing anywhere from 3 to 5 years in a prison, a fine ranging up to $200,000, a felony criminal record and potential loss of driving privileges.

N.J.S.A. 2C:35-10.5a(3) Covers anyone caught with more than 100 doses.

  • Pursuant to N.J.S.A. 2C:35-10.5a(3), anyone accused of distributing for pecuniary gain or possessing with intent to distribute for pecuniary gain more than 100 doses of a prescription legend drug will be facing a second degree felony offense in New Jersey.  
    • If the Defendant is convicted under this subsection, he will be facing anywhere from 5 to 10 years in prison, a fine up to $300,000, a felony criminal record and potential loss of license.

How to Avoid Jail Time on a Prescription Drug Distribution Case

As can see from reading above, the potential jail exposure and the high fines can be crippling. If you have been charged distributing Oxycontin or possessing xanax with the intent to distribute in Monmouth County, the attorneys at Proetta & Oliver can help. These are serious criminal offense that need the assistance of an experienced criminal defense lawyer. Under certain situations, a Defendant charged with this type of offense may be eligible for the Pretrial Intervention Program. This is a diversionary program in New Jersey that allows for certain Defendants to bypass the traditional methods of prosecution and be placed on a probationary period. Provided they complete the program without issue, the pending charges will be outright dismissed. For more information on this program, please contact our office at (732) 8586959.

Asbury Park NJ Oxy Distribution Attorney

If you have been charged with distributing prescription drugs in Monmouth County, the lawyers at Proetta & Oliver can help. We defend clients accused of distributing heroin, possessing marijuana with the intent to distribute, possession of Xanax and possessing cocaine with the intent to distribute in towns like Matawan, Marlboro, Holmdel, Manalapan, Hazlet, Eatontown, Tinton Falls, Long Branch and Middletown. If you would like to come into our office for a free face to face consultation with Mr. Oliver or one of the other Monmouth County criminal defense attorneys on staff then please contact us at (732)858-6959. We are available around the clock to help assist in anyway that we can. So if you have any questions at all, please do not hesitate to ask. 

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