Prescription Drug Distribution

Mercer County NJ Oxycontin Distribution Lawyers

Being charged with possessing prescription drugs is bad enough but when a Defendant is charged with distributing prescription drugs the penalties can be life changing. They can include up to ten (10) years in a State Prison and a fine up to $300,000.  In fact, the legislature in 1999 had to create a separate section of the drug statute in order to prosecute these types of offenses. If you have been charged with distributing prescription drugs like Xanax, Oxycontin, Roxy, Valium, Codeine or  Adderall in Mercer County, the Law Offices of Proetta & Oliver can help. Our office has been defending clients accused of possessing prescription drugs, possessing marijuana with the intent to distribute, possessing heroin and possessing Molly, in courts throughout Mercer County for almost a decade now. We serve all of Mercer County, including towns like Hamilton, Trenton, Lawrence, West Windsor, East Windsor, Robbinsville and Hopewell. If you would like to come into our office to discuss your options then please contact us at (609)789-0779. Our attorneys are standing by to help assist in anyway that we can. Prior to founding the firm, Mr. Oliver & Mr. Proetta were partners at one of the State’s largest criminal defense firm’s. During their tenure, there they would appear in courts throughout Mercer County and defend clients accused of distributing prescription drugs. For more information on prescription drug distribution charges please see below.

Prescription Drug Distribution Charges in Lawrenceville NJ

In 1999 the legislatures adopted N.J.S.A. 2C:35-10.5 in an effort to better combat the prescription drug epidemic that was sweeping through New Jersey. In addition to this offense, a Defendant caught either possessing with the intent to distribute or distributing prescription drugs, will also be charged under N.J.S.A. 2C:35-5. N.J.S.A. 2C:35-5 is the section of the criminal code that covers all other types of drug distribution charges, including heroin, cocaine, Molly and crystal meth. As you will see below, a Defendant caught distributing prescription legend drugs will faces drastically higher fines as well. In addition, distributing prescription legend drugs can either be a second, third or fourth degree felony or even a disorderly persons offense (misdemeanor). The number of pills that are seized during the arrest will dictate what degree a Defendant is actually charged with.  If you would like to come into our office to go over the facts of your case and formulate a game plan on how to defend the charges, then please contact us at (609)789-0779. Here is breakdown of the different degrees and the potential penalties if convicted.

Is Distributing Prescription Drugs in NJ a Felony?

As mentioned above, pursuant to N.J.S.A. 2C:35-10.5, anyone charged with distributing a prescription legend drug will be facing either a second, third or fourth degree felony or a disorderly persons offense. Here is a breakdown in the different sections.

N.J.S.A. 2C35-10.5a(1) Disorderly Persons Offense Charges

  • The Defendant is accused of distributing four or fewer prescription pills. If convicted, a Defendant will be facing up to six months in the Mercer County Jail, a fine up to $1,000, fees and assessments around $800, a criminal record and potential loss of license for up to six months.

N.J.S.A. 2C35-10.5a(2) Fourth Degree Felony Charges

  • The Defendant is accused of distributing for pecuniary gain or possess or has under his control with intent to distribute for pecuniary gain four or fewer prescription pills, a Defendant will be charged with a fourth degree felony. If convicted, a Defendant will be facing up to eighteen months in a New Jersey State Prison, a fine up to $10,000, fees and assessments around $1,000, a felony criminal record and potential loss of license for up to six months.

N.J.S.A. 2C35-10.5a(3) Third Degree Felony Charges

  • The Defendant is accused of distributing for pecuniary gain or possess or has under his control with intent to distribute for pecuniary gain five but but fewer than 100 prescription pills, a Defendant will be charged with a third degree felony. If convicted, a Defendant will be facing anywhere from three to five years in a New Jersey State Prison, a fine up to $200,000, fees and assessments around $1,250, a felony criminal record and potential loss of license for up to six months.

N.J.S.A. 2C35-10.5a(4) Second Degree Felony Charges

  • The Defendant is accused of distributing for pecuniary gain or possess or has under his control with intent to distribute for pecuniary gain more than 100 prescription pills, a Defendant will be charged with a second degree felony. If convicted, a Defendant will be facing anywhere from five to ten years in a New Jersey State Prison, a fine up to $300,000, fees and assessments around $2,000, a felony criminal record and potential loss of license for up to six months. In addition, since this is a second degree felony, there is a presumption for incarceration that attaches to any conviction.

Will I go to Jail for Distributing Prescription Drugs in NJ?

With that being said, there are several programs in New Jersey that a Defendant may be able to take advantage of in order to stay out of prison. Those programs include the Conditional Discharge Program, the Pretrial Intervention Program and Drug Court. The first two programs will not only keep a Defendant out of jail but would also keep them without a criminal record, provided they complete the program without violating any of the terms. Drug Court as well will help keep a Defendant out of jail as well, however, they still would have a criminal record as a result.

Distributing Xanax in Trenton NJ

If you have been charged with a drug offense like possessing heroin with the intent to distribute, possessing cocaine, possessing Xanax or distributing marijuana in Mercer County, the Law Offices of Oliver & Proetta can help. Our criminal defense attorneys have a tremendous amount of experience dealing with clients being accused of all different types of drug offenses. We appear in courts throughout Mercer County, including courts like the Mercer County Superior Court, the Hamilton Municipal Court, the Lawrence Municipal Court, the Princeton Municipal Court, the Ewing Municipal Court, the West Windsor Municipal Court and the Hightstown Municipal Court. If you would like to speak to one of our Mercer County drug possession defense attorneys today then please contact us at (609)789-0779.