Opioids and prescription drugs have become one of New Jersey’s most commonly abused drugs. Whether the addiction began from a lawful prescription based on an injury or if the you developed the addiction elsewhere, the penalties for unlawful possession is the same. It is imperative that you understand that you could be facing serious criminal charges if caught in possession of prescription drugs without a lawful prescription. The Burlington County Prosecutor’s Office has been particular about prosecuting drug-related crimes aggressively. If you or a family member were arrested and charged with drug possession involving Oxycontin, Xanax, Percocet, Vicodin or Codeine, contact an experienced criminal defense attorney. You could be facing a third degree indictable felony offense. If convicted, you could be facing a term of incarceration, probation, fines, in-patient rehab and a criminal record. prescription drug charge are life changing. They include but are not limited to high fines, up to five years in prison, community service and a felony criminal record.
N.J.S.A. 2C:35-10.5 Prescription Legend Drug Possession Charges
If you are arrested for possession of prescription legend drugs, then you will be charged under N.J.S.A. 2C:35-10.5. This law prohibits the actual or constructive possession of a prescription drug unless lawful proscribed or administered by a licensed practitioner. This section also deals with the distribution of prescription drugs but more info on this can be found here.
In order to be convicted, the state must demonstrate that:
The Defendant Actually or Constructively Possessed
A Prescription Legend Drug and
The Defendant did not possess a valid prescription.
Can Police Search My Car if they See Prescription Drugs?
This depends on the facts surrounding the situation. If the police know that the prescription was not issued to you, then they will have probable cause to believe that you committed a criminal offense and search your car. However, absent proof that the prescription drugs did not belong to you and any other probable cause of another criminal offense, then the police would be required to obtain your consent to search your car. If you have question about a possible unlawful and illegal search of your car or house, contact our office today.
What are the Penalties for Possession of Prescription Drugs?
Depending on the amount of doses or pills involved, you could be facing an indictable felony offense for simple possession. Pursuant to N.J.S.A. 2C:35-10.5, it is a fourth degree indictable offense to unlawfully possess five (5) or more dosages of a prescription legend drug. If convicted, you are facing up to eighteen (18) months in a New Jersey State Prison, a $10,000 fine, probation and a felony criminal record. Alternatively, it is a disorderly persons offense under N.J.S.A. 2C:35-10.5 to unlawfully possess four (4) or fewer dosages of a prescription legend drug. If convicted, you are facing up to six (6) months in the Burlington County Jail, a $1,000 fine, probation and a criminal record.
Vicodin Possession Attorneys in Evesham NJ
If you or someone you love were arrested for possession of drugs, distribution of marijuana or prescription drug possession, contact and experienced criminal defense lawyer today. The Law Office of Proetta, Oliver & Fay is a Burlington County Criminal Defense firm that represents defendants charged with criminal offenses throughout the area. Firm partner and former New Jersey Deputy Attorney General, William C. Fay, IV, will consult with you regarding your case. Mr. Fay’s experience working for the State’s top prosecuting attorney has given him a plethora of knowledge and a unique understanding of how prosecutors and police develop and prove their cases. For an immediate consultation, please contact our Burlington Office at (609) 850-8284. We can be reached 24/7 for your convenience.
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