Prescription Fraud Attorney in Middlesex County
Prescription fraud has become increasingly prevalent throughout New Jersey, which is why the state takes it so seriously. A conviction for a prescription fraud offense can result in prison time and a criminal record. A crime of this magnitude requires an experienced criminal defense attorney to navigate the court system and to pinpoint necessary legal issues in order to negotiate a successful deal with the prosecutor’s office. Positive outcomes can include a downgraded charge, a remand, dismissal, or securing admittance into Pre-Trial Intervention, at the end of which charges are dismissed. The attorneys at the Law Offices of William Proetta Criminal Law commit a large portion of their practice exclusively to defending clients against criminal and municipal court charges including prescription fraud and other prescription drug charges. We represent individuals throughout Middlesex County and New Jersey including Edison, South Plainfield, Old Bridge, Monroe Twp, Spotswood, and South Plainfield. To learn more about how we can help you, contact our office which conveniently located in Edison to speak with an experienced Middlesex County prescription fraud attorney at (732) 659-9600.
Obtaining Drugs (CDS) by Fraud: N.J.S.A. 2C:35-13
The New Jersey statute for obtaining prescription drugs by fraud is listed below, in pertinent part, for your reading convenience.
§ 2C:35-13. Obtaining Controlled Dangerous Substance by Fraud
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.
Penalties for Prescription Fraud in New Jersey
As provided in the above statute, the crime of prescription fraud is a third degree indictable offense. Penalties for a third degree felony conviction can be severe are some have been listed below as an example.
| 1) State Prison incarceration up to 3 – 5 years
2) State monitored probation 3) Suspension of your driver’s license 4) Fines of up to $50,000.00 5) A permanent criminal record 6) Deportation for non-citizens |
Contact a Middlesex County Prescription Fraud Attorney for a Free Consultation
All indictable offenses are heard up in the Middlesex County Superior Courthouse and handled by the County Prosecutor’s Office. Due to the nature of the crime, Prescription Fraud is often accompanied by companion charges such as Forgery and Illegal Possession of Prescription Drugs. Some of the most common charges that are filed in conjunction with a prescription fraud charge involve forging a prescription, as prescription forgery and prescription fraud often go hand in hand. Basically, the act of faking the prescription constitutes forgery, and the act of using the fake prescription to obtain a controlled dangerous substance constitutes fraud. Since the purpose of prescription fraud is typically to unlawfully obtain prescription drugs without a valid prescription, the offender is by definition committing a second criminal offense simply by being in illegal possession of the prescription drugs. If you are caught in possession of more than five pills or units of any prescription drug without a lawful prescription, you can be charged with a third degree drug crime for illegal possession, on top of being charged with a third degree crime for prescription fraud.
Will Proetta, the founding attorney of our law firm, has successfully handled a vast array of criminal and municipal court charges including prescription fraud throughout his legal career. Our lawyers will work with the state on your behalf using skillful negotiation tactics and aggressive defense techniques to come to a successful resolution. Our law firm represents clients through New Jersey including East Brunswick, North Brunswick, Plainsboro, Cranbury, Perth Amboy, and Milltown. If you would to speak with an experienced prescription fraud defense lawyer and build a case strategy customized to meet your legal needs, please contact our Middlesex County office at (732) 659-9600.