Prescription Drug Possession

Prescription Drug Possession Lawyers in Mercer County NJ

The prescription drug epidemic that swept through New Jersey about a decade ago is still ongoing. The abuse of prescription drugs is still running rampant through Mercer County, including towns like Princeton, Robbinsville, Trenton, West Windsor and Ewing. As a result, the Mercer County Prosecutor’s Office is aggressively prosecuting anyone and everyone that is accused of possessing prescription drugs, whether it be Xanax, Oxycontin, Vicodin, Codeine or Valium. Traditionally, most prescription drug possession charges are going to be third degree felony offenses. The potential penalties for a third degree 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.

If you have been arrested for possessing a prescription drug in Mercer County, it is important that you speak to an attorney as soon as possible about your options. The attorneys at the Law Offices of Proetta & Oliver has been defending clients accused of possessing prescription drugs, distributing heroin, possessing cocaine with the intent to distribute and distributing marijuana for almost a decade now.  If you would like to speak to one of our attorneys today about your options then please contact us at (609)789-0779. Our attorneys will explain your rights, discuss all possible outcomes and the potential penalties with you. By doing so, we will allow you to assess the strengths and the weakness  of your case, so that you can make educated decisions when it comes to your options. Our office serves all of Mercer County, including towns like Lawrence, Hopewell, Trenton, East Windsor, Pennington and Hightstown. Now here is some more information on prescription drug possession cases.

Prescription Drug Possession Charges in Trenton NJ

Oxycontin Possession Charges: N.J.S.A. 2C:35-10.5

The prescription drug abuse got so bad in New Jersey that the legislature had to create a separate statute to specifically cover this offense, it is N.J.S.A. 2C:35-10.5. This section of the New Jersey criminal code covers all prescription drug offenses, including possession of prescription legend drugs, possession of prescription legend drugs with the intent to distribute and distribution  of prescription legend drugs. Anyone convicted under this section of statute will face dramatically higher fines as well.

In addition, most Defendants charged with possessing prescription legend drugs under N.J.S.A. 2C:35-10.5 also find themselves being charged with possession of a controlled dangerous substance under N.J.S.A. 2C:35-10a. This allows the prosecution another avenue to try and prosecute an individual caught possessing a prescription legend drug. If you have been charged with possessing a prescription legend drug in Mercer County our office can help. Just like all other drug offenses, most drug arrests stem from some form of a search and/or seizure. This is where hiring an experienced Mercer County drug possession defense attorney can make a difference. They can review the discovery and pick apart the underlying search or seizure. If a search issue exists, they can file a suppression motion and if successful, the charges may ultimately be dismissed. Spotting these issues and being able to successfully exploit them comes with years of experience in the criminal defense field.

What are the Penalties for Possessing Prescription Drugs in NJ?

Anyone charged with possessing prescription legend drugs under N.J.S.A. 2C:35-10.5 in Mercer County, will be facing either a fourth degree felony or a disorderly persons offense. The number of prescription pills will dictate what degree a Defendant is charged with. For instance, if a Defendant is caught possessing five or more pills they will be facing a fourth degree felony. A fourth degree felony is punishable by up to eighteen months in a New Jersey State Prison, a fine up to $10,000 and a felony criminal record. Conversely, anyone caught possessing four or less pills will be facing a disorderly persons offense, which is New Jersey’s version of a misdemeanor. Anyone convicted of a disorderly persons offense in New Jersey is facing up to six months in the Mercer County Jail, a fine up to $1,000 and a criminal record.

Regardless of the what those penalties are, if a Defendant is also charged under N.J.S.A. 2C:35-10a, they will be facing a third degree felony to. A third degree felony is punishable by up to five years in a State Prison, a fine up to $35,000, six month loss of license and a felony criminal record. So, as you can see the penalties can be worse if the State seeks to prosecute you under this statute to.

Will I go to Jail for Possessing Prescription Drugs?

A fourth degree felony carries a presumption against incarceration. However, that presumption can be overcome by the prosecution, especially if a Defendant has any prior criminal history. In addition, the presumption is for State Prison and not for county jail. With that being said, New Jersey has established three different diversionary programs, which if accepted, could keep a Defendant out of jail and in some instances, without a criminal record. The programs are the Pretrial Intervention Program, the Conditional Discharge Program and Drug Court. For more information on those programs please contact our office at (609)789-0779.

Oxycontin Attorneys in Princeton NJ

If you have been arrested and charged with possession of heroin, possession of Xanax, possession of Molly, DWI, assault by auto or eluding in Mercer County, the Law Offices of Proetta & Oliver can help. Our attorneys are ready and willing to fight to protect your rights. We understand what a criminal record, let alone jail time, could do to one’s life. Our office appears in courts throughout Mercer County, including the Mercer County Superior Court, the Hamilton Municipal Court, the Princeton Municipal Court, the West Windsor Municipal Court, the Lawrence Municipal Court and the Ewing Municipal Court.