Prescription Drug Possession
Monmouth County NJ Oxycontin Attorneys
Whether you have been caught possessing Xanax, Oxycontin, Roxy, Percocets, Adderall, Ambien or Valium you will be charged with a violation of NJSA 2C:35-10.5. NJSA 2C:35-10.5 was enacted in 1999 by the legislature in effort to curb the prescription drug epidemic that was sweeping through not only Monmouth County by New Jersey as well. This statute specifically covers prescription legend drugs only. However, anyone who is caught possessing a prescription legend drug without a valid prescription could also be charged under NJSA 2C:35-10, which covers every other drug offense in New Jersey. When the legislature created this section of the statute they also increased the traditional penalties that were associated with most other drug related charges in New Jersey as well.
If you have been caught possessing Oxycontin, distributing heroin, possessing Xanax with the intent to distribute, distributing marijuana or possessing Molly in Monmouth County, the Law Offices of Proetta & Oliver can help. Our Monmouth County prescription drug defense attorneys defend clients in courts throughout Monmouth County, including Holmdel Municipal Court, the Middletown Municipal Court, the Freehold Municipal Court, the Red Bank Municipal Court, the Howell Municipal Court, the Hazlet Municipal Court and the Asbury Park Municipal Court. Our attorneys are well aware of what a felony drug possession record, let alone a jail sentence could do to someone’s future. We strive to be as flexible as we can when it comes to our representation techniques, as we understand that no two clients let alone no two cases are the same. If you would like to come into our office for a free face to face consultation, where we can discuss the specific facts of your case and formulate a defense that works best for your needs, then please contact us at (732)858-6959. Our office is located at 18 Kings Highway in Middletown, directly across the street from the Middletown Municipal Court.
Charged with a violation of NJSA 2C:35-10.5 in NJ?
Asbury Park NJ Xanax Possession Lawyers
As stated earlier, NJSA 2C:35-10.5 was created back in 1999 to try and combat the prescription drug epidemic that was sweeping through New Jersey. This statute covers various different prescription drug offenses including, possession of prescription drugs, possession of prescription drugs with the intent to distribute, the distribution of prescription legend drugs and obtaining a prescription legend drug by fraud. This section in essence covers anyone who is caught carrying prescription legend drugs unless it is “lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner”. Like most drug offenses in New Jersey, the majority of the prescription drug charges stem from some form of a search or seizure. This is where an experienced Monmouth County criminal defense lawyer can make a difference. They can look to exploit any potential search or seizure violations in an effort to either downgrade or dismiss the charges outright. If you have been charged with possessing a prescription legend drug and would like to speak to one of our attorneys about your options then please contact us directly at (732)858-6959.
Common Drugs Resulting in Prescription Drug Charges in NJ?
Some of the most common prescription legend drugs that we see most often in Monmouth County, include the following:
Will I go to Jail if I am Caught Possessing Prescription Drugs in NJ?
Misdemeanor Prescription Drug Charges in NJ
If a Defendant is caught possessing four or fewer prescription legend dosages, regardless of the specific drug, they will be charged with a disorderly persons offense. That is New Jersey’s version of a misdemeanor. Anyone convicted of a disorderly persons offense in New Jersey will need to defend those charges in the local Municipal Court in the township of where the incident happened. A Defendant convicted of a disorderly persons offense in New Jersey will be facing up to six months in the Monmouth County Jail, a fine up to $1,000, a criminal record and fees and assessments nearing $800.
Felony Prescription Drug Charges in NJ
A Defendant that is caught possessing five or more doses of a prescription legend drug will be facing a fourth-degree felony offense New Jersey. A fourth degree felony offense is punishable by up to eighteen months in a New Jersey State Prison, a fine up to $10,000, a felony criminal record and fees and assessments totaling approximately $1,000.
How to Avoid Jail on Prescription Drug Possession Charges
There are a few diversionary programs in New Jersey that a Defendant may be able to take advantage of depending their prior criminal history and the specific facts of their case. Those programs include the Pretrial Intervention Program, the Conditional Discharge Program and Drug Court. The Pretrial Intervention Program and the Conditional Discharge Program could allow for certain Defendants to be able to walk away from these charges without serving a day in jail or a criminal record.
Prescription Drug Possession Lawyers in Freehold NJ
Being charged with a criminal offense in New Jersey can be scary and stressful. However, hiring the right criminal defense attorney can go a long way to alleviating those feelings. If you have been charged with possessing Xanax, distributing heroin, possessing marijuana, possessing cocaine, possessing Oxycontin with the intent to distribute or any other drug offense, the Law Offices of Proetta & Oliver can help. Our Monmouth County drug possession defense attorneys are ready and willing to fight to protect your rights. If you would like to speak with one of our experienced Monmouth County criminal defense attorneys about your options then please contact us at (732)858-6959. We serve all of Monmouth County, including Marlboro, Tinton Falls, Atlantic Highlands, Belmar, Manasquan, Aberdeen, Freehold, Englishtown and Matawan. As always, our initial consultations are free of costs.