Voorhees NJ Obtaining CDS by Fraud Lawyers
Defense Attorneys for Prescription Fraud in Camden County, New Jersey
The prevalence of prescription drugs in our society is well-known, as is the rise of addiction to these powerful medications. When a person becomes addicted to prescription drugs like Oxycontin, Vicodin, Xanax, or Percocet, they can run into issues when their prescription runs out or the cost of the drug is simply too high. This often leads to other types of criminal behavior, which is why Obtaining CDS by Fraud, or Prescription Fraud, is so common in New Jersey. Unfortunately, charges for Obtaining CDS by Fraud are often issued in conjunction with other charges such as prescription forgery or theft. If you have been charged with obtaining CDS by fraud or arrested for other illegal activities related to prescription drugs in New Jersey, it is vital to consult with a knowledgeable criminal defense attorney. At our Camden criminal defense law firm, our highly experienced lawyers appear in courts throughout South Jersey on a regular basis. With partner William Fay at the helm, we have earned a reputation for delivering superior results. In fact, Mr. Fay has unique insight into prosecutorial strategy because of his time as an Deputy Attorney General for the New Jersey Attorney General’s Office, which he now uses for your best defense. To discuss your obtaining CDS by fraud charges with a defense lawyer who can help, contact our office at 609-832-3202 for a free consultation.
N.J.S.A. 2C:35-13 Obtaining CDS by Fraud in New Jersey
The New Jersey Criminal Code explains charges for Obtaining CDS by Fraud in N.J.S.A. 2C:35-13. In this statute, “CDS” refers to controlled dangerous substances, and as the name indicates, the crime involves some form of fraudulent behavior that is used to obtain a drug. Specifically, the statute sets forth:
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.
Understanding Obtaining CDS by Fraud under NJ Law
A person can be charged with a violation of N.J.S.A. 2C:35-13 for engaging in “misrepresentation, fraud, forgery, deception or subterfuge” to obtain some controlled dangerous substance. There are a host of examples of this kind of conduct but some that occur more frequently in these cases. For example, people often use forged prescriptions (meaning fake prescriptions that are made to look real or prescriptions that have forged doctors’ signatures). Also, sometimes a person will alter an existing prescription to refer to a different type of drug, to increase the quantity included in the prescription, the number of refills, the dosage, etc. Another common form of prescription fraud occurs when someone impersonates a doctor or doctor’s office to call a pharmacist and place an order. Lastly, an individual can pretend to be a patient who has a valid prescription to obtain their medication.
Penalties for Prescription Fraud in New Jersey
As indicated above, obtaining CDS by fraud is a third degree crime in New Jersey. A third degree crime is an indictable offense, also known as a felony. This degree of offense is punishable by between 3 and 5 years in NJ State Prison. Typically, third degree crimes entail a maximum fine of $15,000. However, obtaining CDS by fraud has a much higher maximum fine of $50,000 which may be imposed upon conviction. Notably, third degree crimes have a presumption of non-incarceration for first-time offenders in New Jersey. This means that even if you are convicted, or plead guilty, to the charges, the judge does not necessarily have to sentence you to imprisonment. Due to this presumption, defendants with no prior criminal record are also often able to have their charges dismissed by successfully completing the Pretrial Intervention Program. However, the circumstances of your case could still be enough to force the judge’s hand. For example, if you have prior drug crime convictions on your record, or if you committed prescription fraud to obtain a large quantity of drugs, it is possible that the judge will sentence you to prison.
Speak with a Camden NJ Obtain CDS by Fraud Attorney Today
If you have been arrested for an obtaining CDS by fraud offense in South Jersey, contact our criminal defense law firm for a free consultation about your case. With several offices in the area, we serve clients in Burlington County, Camden County, Gloucester County, and Atlantic County, are we are happy to schedule an appointment near you. Simply call 609-832-3202 today to learn more about your prescription fraud charges and begin building your best defense.