Obtaining CDS by Fraud

Mercer County NJ Obtaining CDS by Fraud Attorney

With the prescription drug epidemic still sweeping through New Jersey, the number of obtaining CDS by fraud charges is still a common charge. The most common obtaining CDS by fraud charges in Mercer County revolve around a Defendant either getting apprehended with a prescription pad or attempting to fill a prescription.  Regardless of the situation, anyone charged with a violation of this section will be facing severe penalties, one’s that can include up to a half of a decade in prison. In addition, most Defendants charged with obtaining cds by fraud are also charged with burglary, theft of movable property, theft by deception, possession of prescription drugs, possession of marijuana and possession of heroin. If you have been charged with obtaining prescription drugs by fraud in Mercer County, in towns like Hamilton, Lawrenceville, Trenton, East Windsor, West Windsor, Hightstown or Robbinsville, the attorneys at Proetta & Oliver can help. The attorneys in our office will aggressively challenge the evidence presented against you in order to achieve the best possible outcome. We are well aware that when it comes to defending criminal cases that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt to our clients needs, whether that be a trial, motion practice or trying to obtain a favorable plea bargain. If you would like to speak with one of the attorneys at Proetta & Oliver about your options then please contact us at (609) 789-0779. We can have a face to face consultation where we can discuss the specific facts of your case. Our attorneys will give you their honest feedback on how we think we can be of assistance. Now for more information on obtaining cds by fraud charges in New Jersey, please see below.

Obtaining CDS by Fraud Lawyer in Hamilton NJ

Obtaining CDS by fraud charges are third degree felony offenses in New Jersey. They will be governed under NJSA 2C:35, which covers all drug offenses in the state. The specific subsection that covers obtaining cds by fraud is NJSA 2C:35-13. This section in essence covers a situation where a Defendant tries to obtain a controlled dangerous substance by presenting a fraudulent prescription. In order to convict a Defendant under this subsection, the prosecution must prove the following elements:

  • That the Defendant acquired possession of a controlled dangerous substance;
  • To do so, the Defendant used either:
    • Misrepresentations,
    • Fraud,
    • Forgery or
    • Deception; &
  • The Defendant did so knowingly.

What is a Misrepresentation? What is Fraud? What is Forgery? What is Deception?

“Misrepresentations” have been defined as any false or incorrect statements or explanations.

“Fraud” has been defined as any intentional deception designed to cause an individual to do something that they ordinarily would not have done but for the fraud.

“Forgery” has been defined as any intentional and unauthorized alteration, change or creation of any writing.

“Deception” has been defined as the creation of a false impression, or the prevention of another from acquiring information that would alter that person’s judgment.

What am I facing for an Obtaining CDS by Fraud Charge in NJ?

Obtaining CDS by fraud is a third degree felony offense in New Jersey. If a Defendant is to be convicted of this offense they will be facing extremely serious charges. They include up to five years in prison, a fine up to $50,000, a felony criminal record, court ordered rehab, probation, community service and a license loss. Since this is a third degree felony, anyone convicted of this offense will obtain the presumption of non-imprisonment. However, that presumption can be overcome if the facts or the Defendant’s prior criminal history is egregious enough.

Can I avoid Jail on Obtaining CDS by Fraud Charges in NJ?

New Jersey has created several different diversionary programs which may help keep a Defendant charged with obtaining a controlled dangerous substance by fraud not only out of jail but even without a criminal record. Those programs include the Pretrial Intervention Program, the Conditional Discharge Program and Drug Court. For more information on how these programs work, including whether or not you are eligible, please either click the links or contact our office for a free consultation.

Princeton NJ Obtaining CDS by Fraud Attorney

Whether you have been charged with obtaining cds by fraud, possession of heroin with the intent to distribute, possession of cocaine, burglary, possession of Xanax or possession of Oxycontin with the intent to distribute, the attorneys at Proetta & Oliver can help. Our Mercer County drug possession defense lawyers have been defending clients charged with these types of offenses in courts throughout New Jersey for years now. We serve all of Mercer County including towns like Hamilton, Robbinsville, Princeton, West Windsor, East Windsor, Trenton, Hopewell and Pennington. For a free consultation today, please contact us at (609) 789-0779.