New Jersey Prescription Fraud Defense Attorney
Prescription Fraud Defense Lawyer Aggressively Defends Clients Facing A Sentence for Obtaining A Controlled Substance By Fraud or Forgery, or Jail Time for Forgery Of A Prescription In Burlington County, Camden County, Gloucester County, and Throughout New Jersey
If you or a loved one was charged with obtaining a controlled dangerous substance (CDS) by fraud or forgery (statute 2C:35-13), you may think that the outcome is set in stone. However, with the right New Jersey prescription fraud defense attorney handling your case, nothing could be further from the truth.
The state must prove beyond a reasonable doubt that you obtained the prescription drug by fraud or forgery, and there are several opportunities to poke holes in the prosecution’s case if you have the legal knowledge and expertise. And at The Law Office of John B. Brennan, we have just that and more.
Facing Charges For Prescription Fraud And Have Questions? I Can Help, Tell Me What Happened.
Prescription fraud defense attorney John B. Brennan has more than 30 years of criminal trial experience and he aggressively defends clients who are facing a sentence for obtaining a controlled dangerous substance (CDS) by fraud or forgery, clients who are looking at jail time for forgery of a prescription.
New Jersey Prescription Fraud Defense Attorney With More Than Three Decades Of Experience Effectively Represents Clients Facing Prescription Fraud Charge
Prescription fraud crimes have increased in New Jersey. An individual may alter a valid prescription or steal a prescription pad in an effort to obtain prescription drugs that have not been prescribed for them. Some controlled dangerous substances (CDS) such as Oxycontin, Percocet, Valium, Adderall, and Ritalin, are medications that are highly addictive. In many prescription fraud cases, the patient that was originally prescribed one of these medications for a condition has now become dependent upon the substance. Once the prescribed medication has run out and there is no renewal of the prescription, the individual commits prescription fraud to obtain the drug.
Prescription fraud is illegal in New Jersey, regardless of whether the defendant had previously been prescribed the medication. Under New Jersey law N.J.S.A. 2C:35-13, it is considered “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.A.2C:35-21.”
Altering a valid prescription — such as the dose — is illegal. Purposefully committing fraud by changing a prescription belonging to another person without their authorization is illegal. It is also illegal to complete, authenticate, issue, transfer, or execute a document so that it appears to have been issued by another individual. This is considered forgery.
Get Advice From An Experienced Prescription Fraud Defense Lawyer. All You Have To Do Is Call 856-988-5443 To Receive Your Free Case Evaluation.
Penalties For Obtaining a Controlled Dangerous Substance (CDS) by Fraud or Forgery in New Jersey
Under N.J.S.A.2C:35-21, the state of New Jersey has the burden of proving beyond a reasonable doubt the following:
- That the defendant obtained or acquired possession of a controlled dangerous substance (CDS)
- That the defendant obtained the CDS through fraud, forgery, misrepresentation, subterfuge, or deception
- That the defendant acted knowingly
In New Jersey, obtaining a CDS by fraud is considered a third degree offense. Penalties for this felony offense include prison time of between three to five years, a fine of $50,000, and mandatory drivers’ license suspension for a period of a minimum of six months to a maximum of 24 months.
Get Answers To Your Questions About Being Charged With Obtaining A Controlled Substance By Fraud — Schedule A Free Consultation With Experienced New Jersey Prescription Fraud Defense Attorney John B. Brennan
Whether you were unaware that someone was taking measures to commit fraud on your behalf to help you obtain a controlled dangerous substance, or you thought that calling the pharmacy to request a false prescription wasn’t a big deal, when you are charged with obtaining a controlled dangerous substance (CDS) by fraud, it is a serious matter. And it can be a very frightening experience. We understand. At The Law Office of John B. Brennan, we fight every day on behalf of clients who are charged with prescription fraud and forgery in New Jersey, advocating on their behalf to have charges reduced or dismissed.
You may understandably have many questions regarding the prescription fraud charge — whether the prosecution has a strong case, the penalties you would face if convicted, and what sort of defense strategies may be most effective in your case. Experienced New Jersey prescription fraud defense attorney John B. Brennan is available to answer your questions. The Law Office of John B. Brennan offers a free, no obligation consultation for individuals charged with obtaining a controlled substance by fraud or forgery. To schedule your complimentary case evaluation and learn more about how attorney John B. Brennan can help your case, contact our office.
Frequently Asked Questions About Prescription Fraud Charges
Forgery of a prescription is illegal in New Jersey and is a felony crime. Penalties for obtaining a controlled substance by forgery include the following: prison time of between three to five years, a fine of $50,000, and mandatory drivers’ license suspension for a period of a minimum of six months to a maximum of 24 months.
Yes. Under New Jersey law, intentionally altering a prescription without authorization — including changing the date on a valid prescription — is considered fraud. And taking measures to obtain controlled substances by fraud is a third-degree crime in New Jersey.
Yes. New Jersey’s statute covers a wide range of conduct with regard to prescription fraud. Any violation of the statute — including changing the number of pills prescribed or the dose — is considered forgery. In New Jersey, prescription forgery and fraud is a third-degree offense.