Oxycontin Possession & Distribution Lawyers in Mount Holly and Burlington County, NJ
While most people think of illegal drugs as street drugs like heroin or cocaine, prescription drugs can also be unlawful in New Jersey. The most abused prescription drugs are opioids, but also stimulants, sedatives, and anti-anxiety medication. A common opioid, oxycodone, is one of the most abused prescription drugs. It is used for pain when prescribed, but possessing just four oxycodone pills without a prescription can land you in jail, leave you with a criminal record, and ruin your chances of getting specific jobs, loans, or scholarships in the future. If you are caught with prescription drugs like Oxycodone without a prescription, you can be charged and convicted for illegally possessing this type of pain medication, as well as possession of Oxycontin with intent to distribute or distribution.
When the amount of drugs increases and possession crosses the line into distribution, the penalties immediately and substantially worsen, bearing in mind that New Jersey law enforcement officers take all Oxycodone drug offenses very seriously. For instance, possession of up to four Oxycodone pills is a disorderly persons offense, but if that same amount is intended for monetary benefit, the offense becomes a fourth degree crime and you can spend a potential 18 months in state prison if found guilty. Locating a criminal defense attorney who deals with clients possessing or distributing Oxycontin or oxycodone is your first step toward getting yourself out of trouble. Your attorney may be able to get your case dismissed, the charges reduced, or your record cleaned of any charges resulting from the possession or distribution of oxycontin or oxycodone.
If you have been arrested and charged with an Oxycodone offense in Burlington County or elsewhere in New Jersey, get in touch with the dedicated Criminal Defense Attorneys at Proetta, Oliver & Fay for the help you need with your top defense. Firm Partner and Former New Jersey Deputy Attorney, William C. Fay, IV, took his knowledge as a former prosecutor into the realm of criminal defense practice, employing all of his inside experience to craft and execute the most effective strategies for defending his clients. We encourage you to contact our local office in Marlton, NJ today to consult with Mr. Fay absolutely free of charge. Our firm can be reached anytime to serve your needs regarding Oxycontin possession or distribution, in addition to other prescription andillegal controlled dangerous substances offenses. Call 609-850-8284.
New Jersey Oxycodone Possession Offense & Punishment
Oxycontin or oxycodone is extraordinarily addictive and contributes to the nationwide opioid crisis. In New Jersey, a doctor can only prescribe a five-day supply of oxycodone by law. The object of the law is to prevent illegal possession and dissemination of the drug. Thus, you must have a prescription for the medication. If you do not have a prescription or a valid prescription, you could be charged with a disorderly persons or indictable offense. It is a disorderly persons offense to have up to 4 oxycodone or oxycontin pills, tablets, or other dosage units, which means exposure to a six month jail sentence and a $1,000.00 fine. For possessing 5 or more pills, you can be charged with a fourth degree crime and exposed to a punishment of up to 18 months in prison and a $10,000 fine.
Similarly, giving your legally prescribed oxycontin or oxycodone to someone else is a fourth, third, or second degree crime depending on the number of doses. Even getting caught high on Oxycodone, or having four or fewer pills on you without the bottle, can lead to a disorderly persons offense conviction, meaning a six month jail sentence with a $1,000.00 fine maximum.
Penalty to Distribution & Intent to Distribute Oxycontin in NJ
Possession is not the only way to be charged with an indictable offense for the drug. If you have an ample supply of oxycontin or oxycodone, the law can assume you are selling or otherwise distributing the drug. Distributing the medicine is a fourth, third, or second degree crime, as determined by the amount of the drugs involved. It is a fourth degree crime to have up to 4 units or pills with intent to sell, meaning potentially 18 months in prison and a $10,000 fine. A third degree crime applies to over 4 and less than 100 pills, which carries a 3 to 5-year prison term and up to $200,000 fine. It is a second degree crime for distributing or intending to sell over 100 doses. If convicted of the most severe second degree Oxycodone distribution offense, you can expect to spend five to ten years in prison and pay a $300,000.00 fine, at most.
If you obtained the drug by committing fraud, for example, deceiving someone to give you the medication, using someone else’s prescription, forging a prescription, or impersonating someone else with a legitimate prescription, then you can expect to be charged with a third degree crime. In addition, you could lose your driver’s license for six months or more for fraudulently procuring oxycodone or oxycontin.
Proving an NJ Oxycodone Crime & Legal Challenges
For a distribution charge to stick, before the prosecutor can convict you, they must prove that you had oxycodone or oxycontin, and not some other drug, and intended to distribute it for money. They must also demonstrate the quantity of the drug on your person or somewhere else within your control. If not, the prosecutor has no case and must dismiss the charges against you or reduce the charge to a lesser offense.
Also, the prosecutor must be sure the police officers that arrested the accused and seized their property did so legally. For example, an illegal traffic stop can taint the entire investigative process that follows. So, if the officers stopped your car for no reason, illegally searched it, and found drugs, you could object to the drugs being introduced into evidence at a trial to convict you.
Your defense attorney could also challenge the prosecution’s case by your improper law enforcement identification. The police lineup may be inappropriate, and the lab equipment the police used to identify the substance they found on you may be poorly maintained or there was a break in the chain of custody, making the lab results verifying the substance suspect. In addition, a prosecutor who charges you with the distribution of the drug ought to be sure the assumption of distribution is not based on inadmissible or faulty evidence. Depending on the circumstances and facts of the case, an excellent criminal defense attorney can challenge that assumption and cast doubt on whether the items indicated distribution.
Diversion Program Options for Getting Oxycontin Charges Dismissed
If you are facing oxycodone charges, getting good representation is smart. There are other ways to challenge the prosecutor’s case and successfully obtain a lesser charge, probation, or diversionary program like conditional discharge. A conditional discharge allows an accused to serve their sentence in a supervised drug diversionary program rather than in prison. Completing the program amounts to not having a conviction on your record. For those defendants with no prior record, a conditional discharge is a great alternative to jail time for a first-time offender.
Similarly, Pretrial Intervention (PTI) may be an option for those charged with indictable crimes if it is the first offense. The program lasts one to three years and also consists of random drug testing, paying restitution, and community service, to name a few. A defendant may have to undergo treatment too. But after completing the program, the defendant walks away with no criminal conviction, and thus, no educational and vocational restrictions that a criminal conviction can bring. And for veterans, there is the veteran’s diversion program, which is similar to the conditional discharge in municipal court and PTI in Superior court. It is a program for veterans with mental illness to access resources, expunge the charges, and avoid a trial.
Then there are special options for someone with a substance abuse difficulty. Thus, another possibility, Drug Court, helps those with substance abuse problems to complete a probation period of intense supervision and drug testing. Drug court can also supply counseling, job training, education, and healthcare related services.
Seek Counsel from a Mount Laurel NJ Oxycodone Defense Attorney
If you have been charged with possession or distribution of Oxycodone, fraudulently obtaining the drug, leading a large-scale Oxycontin trafficking operation,theft by deception, or another prescription drug related crime, seek immediate legal counsel from the Burlington County Criminal Defense Lawyers at Proetta, Oliver & Fay. Your free initial consultation is available 24/7 by calling 609-850-8284. Our attorneys are poised to defend your drug case as we do for numerous clients in Burlington County Superior Court and surrounding Municipal Courts in Bordentown, Mount Holly, Mount Laurel, Evesham, Willingboro, Pemberton, Moorestown, and Cinnaminson. When you need someone on your side, you can place your trust in us.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
525 Highway 73, Suite 104, Marlton, New Jersey 08053 Phone: 609-850-8284 By Appointment Only
100 Horizon Center Boulevard, Hamilton, New Jersey, 08691 By Appointment Only
Point Pleasant Office
3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway, Middletown Township, New Jersey 07748 By Appointment Only