Charged with Adderall Possession or Distribution in Burlington County NJ?
Adderall is commonplace on high school and college campuses in New Jersey, as it is known to aid students in pulling all-nighters. However, its proper use is not to keep people awake but to help people keep their brains focused. With the prevalence of Adderall also comes countless arrests and criminal charges for possession, distribution, intent to distribute, possessing Adderall in another container, driving under the influence of Adderall, prescription forgery, and obtaining CDS by fraud. It is always better to have an attorney who knows the law and the court to help you fight an Adderall charge, especially since drug-related charges may include multiple charges, such as possession, distribution, and failure to keep drugs in their prescription container. They may also involve crimes of moral turpitude, which can impact your immigration status and your professional license, as well as DUI offenses, which can jeopardize your driving privileges.
At Proetta, Oliver, & Fay, our criminal defense lawyers have staked our firm’s reputation on providing personalized representation and dedicating ourselves to reaching the best results possible for our clients. We handle Adderall cases in municipal and Superior Courts across Burlington County, New Jersey, such as Mount Holly, Mount Laurel, Bordentown, Willingboro, Pemberton, Riverside, Evesham, Florence, and Delanco. To discuss your case and your available defense options with an attorney on our criminal defense team today, contact us at (609)-850-8284. We provide consultations free of costs and are available anytime to help you.
What is Adderall For?
Adderall, also known as Adderall XR, Dexedrine, or Dyanavel XR, is a drug prescribed for attention deficit hyperactivity disorder (ADHD), attention deficit disorder (ADD), or narcolepsy (falling asleep involuntarily) patients. ADHD patients typically have trouble with attentiveness and stillness. Hyperactivity and inattention in school children often lead to a diagnosis of ADHD, though many are ADD without hyperactivity.
Adderall is a stimulant, more specifically, an amphetamine. Stimulants, such as Adderall or Ritalin, are common ADD or ADHD medication treatment drugs. Their purpose is to stimulate areas of the brain that promote focus and concentration on what typically does not interest the individual with ADD or ADHD. In other words, Adderall helps boost a part of the brain that those with an attention deficit do not have or have, in a lesser degree—the ability to tune in and stay tuned into things of more secondary interest to the brain.
When is Adderall Commonly used Illegally in New Jersey?
College students are most often the people known for misusing drugs. Many with heavy course loads and too little time use Adderall to stay up late and study, thus the nickname “the study drug.” Whether they have attention deficits or not, students who take Adderall to enjoy its stimulant effects can end up in physical and legal trouble when they take too much of the drug or get arrested when they do not have a prescription for it.
Adderall is available in pill form, but some users crush it into powder form and snort it. The drug is popular for recreational use, especially with alcohol. Mixing Adderall and alcohol can cause severe injury. It can even be fatal. Since alcohol is a depressant and Adderall is a stimulant, the opposing effects on the body can lead to alcohol overdose or poisoning. The alcohol negates the stimulant effects, but also, the Adderall lessens the effects of alcohol, deceiving the drinker into thinking they can handle more drinks than they usually can.
Where is Adderall on the CDS Schedules in NJ? What does that Mean?
Since Adderall is a drug often abused, it is a Schedule II drug on New Jersey’s Controlled Substance Act. Schedule II drugs are controlled dangerous substances (CDS) with proven medicinal benefits but are hazardous when abused and taken without a prescription or under a physician’s care. Other Schedule II drugs include Dilaudid, Methadone, Oxycodone, Vicodin, and Fentanyl, which all have pain-relieving or other medicinal qualities but are highly addicting to those who take more than what a physician prescribes or without a prescription.
The New Jersey Controlled Dangerous Substance Act schedules prescription and street drugs according to their accepted use for medical treatment, the potential for abuse, and addiction risk when abused. Schedule I and II drugs are the most addictive and rife for abuse and addiction.
Does Adderall Require a Prescription in New Jersey?
Adderall is a prescription drug. You must obtain a prescription from a licensed physician to possess Adderall legally.
If I get Arrested with Adderall without a Prescription in NJ, What Happens?
It is a criminal offense to have Adderall without a valid prescription by a licensed physician, but the crime grade depends on how much you have. Possession of four or fewer Adderall pills is a disorderly persons offense, unless you intend to sell them for financial gain, in which case it is a fourth degree crime. Also, when the police find Adderall in a container that is not the original container for the prescription, you violate N.J.S.A. 2C:35-24, which is a disorderly persons offense. A fourth degree crime conviction carries a maximum 18-month prison sentence and a $10,000.00 fine. A disorderly persons offense is equivalent to a misdemeanor, and a conviction carries a potential six-month maximum jail sentence and a $1,000.00 fine.
Practically speaking, an individual with a maximum of six pills, who can prove that they had no more than that number of pills in 24 hours, used for their personal use and obtained from someone with a valid prescription, may get criminal possession charges reduced or dropped with the help of a persuasive criminal defense attorney.
What are the Consequences for Distribution of Adderall in New Jersey?
Having more than four Adderall pills is a third degree crime. However, a large quantity of Adderall in your possession may cause the state to charge you with distribution of Adderall or intent to distribute, which is a more serious offense. Distributing, meaning selling or giving Adderall pills to others or intending to distribute, is a fourth degree crime when the accused has four or fewer pills. With five or more but less than 100 pills, the accused faces a third degree criminal charge. Lastly, a second degree distribution applies when the accused has over 100 pills.
For distribution or intent to distribute, an individual may receive a sentence of up to 18 months in prison for a fourth degree criminal conviction. A third degree crime conviction in New Jersey can result in three to five years in prison with a potential $200,000.00 fine. Second degree distribution convictions potentially result in five to ten years and a $300,000.00 fine.
Like a de minimus possession charge, a distribution charge for six pills or fewer by someone with a prescription who gave them to someone for personal use may be resolved by way of dismissal, enrollment in a diversionary program if it is their first offense, or getting the charges downgraded to a lesser offense.
Can I Get Adderall Charges Dismissed through PTI or Conditional Discharge in NJ?
You may be eligible for Pre-Trial Intervention for a third or fourth degree criminal charge for Adderall. Second and first degree criminal charges do not usually qualify for entry into the diversionary program; however, a talented criminal defense lawyer can help get approval from the prosecutor for you to apply depending on the situation. PTI is a program designed for first-time, non-violent offenders with the potential to rehabilitate with appropriate services and supervision.
When you possess four or fewer pills and end up in municipal court for a disorderly persons offense, you can benefit from conditional discharge for your first encounter with the criminal justice system. PTI and conditional discharge programs are not guaranteed to all applying for them. Still, your chances are greater when you meet eligibility requirements (first-time offense, lesser offenses) and can demonstrate your ability to succeed in a program.
Either program results in a dismissal of the charges and a record free of criminal convictions or offenses. You can consult with an attorney at Proetta, Oliver & Fay, about expunging your history of the arrest and participation in the program, which does not automatically fall off after completing a program. You can submit an expungement application 6 months after completing either program, which can effectively remove all record of the case from your background check, except for special checks run by the state when you want a job in law enforcement or the judiciary.
What Happens if I get Charged with Driving under the Influence of Adderall in NJ?
Driving under the influence of Adderall is like driving under the influence of any intoxicating drug; it is illegal. You can get a DUI (driving under the influence of drugs charge) for having Adderall in your system while operating a motor vehicle, even with a prescription.
Whether you have a valid prescription or not, driving with drugs that impair your ability to drive safely is against the law. Of course, the prosecutor on your case must prove that you had Adderall in your system (by blood test or urine test) at the time of your arrest and that the drug affected your ability to drive (field sobriety tests and DRE evaluations).
The sentence for a DUI for prescription drugs depends on various factors, such as prior DUI convictions on your driving record within ten years before your subsequent DUI. The more DUI’s on your record, the more jail time you face, higher fines, longer license suspension, higher insurance surcharges, and longer hours in an intoxicated driver’s resource center.
Speak with a Pemberton NJ Adderall Defense Lawyer Today
Our criminal defense lawyers at Proetta, Oliver, & Fay can help you in many ways if you are facing charges after being arrested for Adderall in Delran, Burlington Township, Cinnaminson, Moorestown, Maple Shade, Lumberton, or elsewhere in Burlington County. We can speak to the prosecutor on your behalf and discuss the strengths and weaknesses of your case. When the prosecutor’s case is not that strong, and the circumstances of the offense are excusable, we may be able to convince a prosecutor to dismiss or reduce the charges from an indictable crime to a disorderly persons offense or from a third degree crime to a fourth.
A lawyer at our law firm can also help you apply to PTI or conditional discharge programs to better your chances of getting in the program. And if after reviewing the evidence we identify possible defense issues that can be raised, we can help you defend your innocence in front of a judge and/or jury, preparing your case for a trial, including interviewing witnesses and investigating the facts of the case, looking for problems in the state’s case, and assessing the validity of the officers’ conduct in arresting and charging you. If you have been charged with possession, distribution, selling, or driving impaired by Adderall in Burlington County, NJ get answers in a free consultation with one our our talented attorneys by calling (609)-850-8284 or messaging us. We know the stakes and we are prepared to help.
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