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How You Could Find Yourself Arrested for Ambien in New Jersey

Defense Attorneys Handling Ambien Charges in Burlington County NJ

Insomnia can be debilitating, disrupting your daily activities when you feel sleepy all day. Sometimes, sleep aids like Ambien can be prescribed with the intention of improving your quality of life when sleep deprivation erodes your peace and happiness. Unfortunately, violating New Jersey laws related to Ambien can lead to criminal charges and arrest. Illegal possession of Ambien is a serious drug charge in New Jersey, as is possession with intent to distribute, distribution of sleeping pills, and other crimes such as forgery and fraud to procure Ambien. Being under the influence of Ambien while driving, or using the drug illegally, can also lead to your arrest and serious consequences.

If you have been charged with an Ambien offense of any kind in Burlington County or southern New Jersey, including in Evesham, Bordentown, Cinnaminson, Willingboro, Pemberton, Mount Laurel, or Mount Holly, get the experienced legal help you need from the talented team of criminal defense attorneys at Proetta, Oliver, & Fay. Our firm is entirely focused on criminal law in order to ensure that our clients get the best possible representation and results when their lives and their futures are on the line due to drug charges and other criminal allegations. Contact us anytime at 609-850-8284 to get a head start on your case and your defense with a free consultation.

Basics of Ambien (Zolpidem)

Ambien, or Zolpidem, is a sedative-hypnotic that causes your brain to calm. It effectively treats insomnia because it helps users fall asleep quicker and sleep through the night. Sleep problems may include falling or staying asleep, and Zolpidem is effective for both sleep issues, as are similar medications such a Estazolam, Lunesta, and Intermezzo. The most common side effects of Ambien are drowsiness and tiredness. However, headache, lightheadedness, dizziness, unsteady gait, and a heavy, drugged feeling affect users, too. It can also be addictive and dangerous when driving after taking it.

Ambien Classification on the CDS Schedules in New Jersey

Ambien is a Schedule IV drug in New Jersey, which means its classification characterizes the drug as having a lower potential for abuse than Schedules I, II, and III but can be addictive despite its accepted medicinal benefits and uses in medical treatment. It is in the same classification as Xanax, Valium, and Darvocet.

What Does NJ Law Say about Illegal Possession of Ambien?

N.J.S.A. 2C:35-10.5 criminalizes Ambien possession, which you either possess without a valid prescription or with a valid prescription but beyond the prescribed quantity or dosage. Depending on how you got the drug and how much of it, you can face prosecution for different levels of criminal offenses.

When possessing 4 or fewer dosages of Ambien without a lawful prescription, you face a disorderly persons offense, which means a potential six-month jail sentence and up to a $1,000.00 fine for a conviction. If you illegally have 5 or more Ambien dosages in your possession, you will face charges for a fourth degree crime, meaning you could spend 18 months incarcerated and be subject to fines amounting to $10,000.00.

The more Ambien you have at the time of your arrest, the more likely it is that the state will charge you with possession with the intent to distribute the drug.

Consequences of a Conviction for Ambien Distribution or Intent to Distribute in New Jersey

The stakes are far higher for anyone facing a second degree conviction for possession with intent to distribute. When you have 100 or more pills, your charge is possession of Ambien with the intent to sell or otherwise distribute to others. A second degree Ambien distribution conviction can result in a sentence ranging from 5 to 10 years in NJ state prison and up to a $300,000.00 fine to pay.

Fewer than 100 Ambien pills, but more than 5 pills, constitutes third degree possession with intent to distribute. The penalties include 3 to 5 years in state prison and a maximum $200,000.00 fine. You can be charged with a fourth degree crime for distributing 4 or fewer Ambien pills, which carries up to 18 months in prison and a fine not to exceed $10,000.00.

Fraudulently Procuring Ambien or Forging a Prescription in NJ: a Crime with Heavy Penalties

Stealing, forging, or deceiving to get Ambien is a third degree crime. Presenting a forged prescription to the pharmacist, stealing someone’s valid prescription for the drug, or committing fraud to get a prescription can cost you up to 5 years behind bars and a $50,000.00 fine payment.

Arrests for Illegally Storing or Using Ambien in New Jersey

Ambien can also lead to criminal charges when you carry Ambien in a container that is not the one it originally came in from the pharmacy. Another instance of a disorderly persons offense involving the drug occurs when you are caught under the influence of Ambien or fail to give up the drugs to an officer who stops you on the road, in your vehicle, or elsewhere. A conviction could mean fines amounting to $1,000.00 plus up to 6 months of jail time.

Charged with Ambien in NJ, What can I Do?

Simply because the state charges you with illegal possession of Ambien or possession with intent to distribute does not mean you are guilty of either. You may have valid legal defenses that a criminal defense lawyer can help you assert based on the facts and evidence in your case. Here are a few common and often effective defense approaches that can be used to challenge Ambien charges.

1. You Have an Authorized Prescription: Unlawful possession usually arises from having Ambien without a prescription. The lack of prescription is an element of the crime. As such, having a valid prescription from a doctor or other healthcare professional is a defense to the charges. And for the possession with the intent to distribute charge, the intention to distribute is an element. Therefore, a small quantity of Ambien pills may be insufficient to show an intent to sell the drug.
2. You Didn’t Possess Ambien Actually or Constructively: An additional element to the crime of Ambien possession is having actual or constructive possession. The state must prove that you had Ambien on your person to satisfy the element of actual possession. The charges fail if it cannot prove the Ambien was on your person. Likewise, failure to prove constructive possession when actual possession is missing can be fatal to a criminal conviction. When the police find Ambien in your apartment, they may presume the drug is yours and, therefore, you are in constructive possession of it. However, when someone else rooms with you, constructive possession may not be as easy to prove, especially when the drug is in the roommate’s room or in an unexposed common area.
3. Someone else unlawfully possessed or distributed the Ambien: Another defense is proving you were not where law enforcement found the Ambien. For example, you may produce airline tickets that show you were out of town when the drug seizure occurred. Thus, charges against you may be a case of mistaken identity.
4. The Ambien was Found During an Illegal Search: Overzealous police officers may perform improper searches and seizures, violating your 4th Amendment right to be free of unnecessary government intrusion on your privacy in your home and vehicle or on your person. An unlawful search and seizure may harm the state’s case against you when unlawfully seized evidence is excluded from being used in court. Thus, the Ambien pills that police obtained without permission to search, cause to search, a search warrant, or legitimate circumstances may be inadmissible in court.
5. Procedural Violations with Evidence: The Ambien pills may also be unconvincing evidence due to the state’s inability to establish a chain of custody.
6. Other police misconduct: May be entrapment when the police coerced you or encouraged you to receive Ambien pills.

Options to Avoid Conviction for an Ambien Offense when You Have No Prior Criminal Record

As a first-time offender, you may have options to avoid imprisonment in a diversionary program. The municipal court offers the conditional discharge program for drug offenders charged with a disorderly persons offense for small amounts of the drug. A similar program, Pre-Trial Intervention, provides the same type of option to comply with certain conditions during a supervisory period in order to get the charges dismissed. PTI exists in Superior Court and applies to eligible indictable crimes. Both programs offer a first-time offender a year or more of resources in a supervised program with possible drug testing and other mandates. Your eligibility depends on your criminal record and the charges.

What Happens if You are Found Driving Under the Influence of Ambien in NJ?

Driving with Ambien in your system can lead to your arrest and charges for a Drug DUI, with severe consequences for a conviction, especially if your impairment causes another harm, say, in a vehicular accident. A DUI can tie up your time and finances for months to years. You could also go to jail, lose your license, and pay high fines.

Speak with an Evesham NJ Lawyer who can Help with Your Ambien Defense

When you face any Ambien charges, such as illegal possession, distribution, use, driving, or fraud-related crimes, you will need skilled and experienced criminal defense assistance to get you through the legal process with the least possible life damage, if any. Our attorneys with local offices in Evesham Township, New Jersey, may be able to get you a case dismissal when the state has problems with proof or other issues with your case. After reviewing the evidence, we may also be able to convince the prosecutor to lower the charges or sentence to lighter penalties. Our team is also prepared to use our trial skills to make a jury unsure of your guilt, making a conviction beyond a reasonable doubt out of the question.

On top of that, our lawyers may also assist you in applying for a diversion program and submitting the best application on your behalf, as we have done for countless clients who find themselves charged as first-time offenders. Don’t face down the justice system for an Ambien charge in Lumberton, Riverside, Delran, Moorestown, Shamong, Westampton, Burlington Township, or another nearby community alone. Contact us 24/7 at 609-850-8284 for a free consultation with one of our attorneys dedicated to facing down the prosecution.