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Edison Office

(732) 659-9600

Middlesex County

Criminal Defense Lawyer

Our Law Firm Has Successfully Handled Thousands of Criminal, DWI, and Municipal Charges in New Jersey


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Prescription Drugs

New Brunswick NJ Prescription Drugs Lawyer

Drug Charges Defense Attorneys in Middlesex County, New Jersey

In recent years, New Jersey has taken a harder stance on possession of prescription drugs without a valid prescription from a doctor. We typically represent clients for unlawful possession of Adderall, Oxycontin, Percocet, Vicodin, and Xanax throughout New Jersey. Many cases involve a small amount of pills borrowed from a friend or family member or even from arrests occurring as a result of carrying medication not in the proper container. These acts may seem harmless to many people, but the State considers it a potential crime. This is because prescription medications are considered narcotics because they are powerful opiates considered gateway drugs to more serious drugs such as Heroin or Cocaine. A conviction can expose you to incarceration in prison, probation, loss of your driver’s license, and thousands in fines. The attorneys at the Law Offices of Proetta & Oliver dedicate a large portion of their practice exclusively to defending clients for criminal and municipal court charges in Middlesex County, including East Brunswick, South Brunswick, Woodbridge, Cranbury, Sayreville, South Amboy, Piscataway, and Jamesburg. If you would like to discuss your case with an experience Middlesex County prescription drug defense lawyer contact our Edison office at (732) 659-9600.

We go above and beyond to deliver our clients the best possible results. Here is a review from a client whose case we recently handled:  

“Mr. Proetta is a great attorney I had a prior felony record and got charged with disorderly conduct and CDS charge of xanax. He got the charges remanded from superior court back down to the municipal level. He got my CDS charge completely dismissed and got my disorderly conduct downgraded to a municipal fine! He was really quick in court I was in court not in 10 mins. He’s a very nice young smart guy he explains everything to you over the phone and does a great job. Not only is he a great attorney that knows what he’s doing and really goes out of his way to help us clients…I would recommend him to anyone!” – Ashley

To read more Client Reviews, visit Mr. Proetta’s Profile on Avvo.com and call now to learn how we can help you resolve your prescription drug case.

New Jersey Prescription Drug Charges

A prescription legend drug is defined as a medication that can only be sold or dispensed only upon the prescription of a licensed medical practitioner (licensed physician, veterinarian or dentist). If you try to forge or falsify a prescription to obtain Rx drugs then you will be charged the separate crime of prescription drug forgery.

Obtain by Deception or Forgery:

  • 4th Degree Felony – Use of fraud or deception – punishable by up to 18 months in prison

Possession of Prescription Drugs:

  • 4th Degree Felony – Possession of 5 or more dosages – punishable by up to 18 months in prison
  • Disorderly Persons Offenses – Possession of 4 or less dosages – punishable by up to 6 months in county jail.

Under the Unlawful Influence of Prescription Drugs:

  • Disorderly Persons Offense – Exhibiting symptoms of being under the influence – punishable by up to 6 months in county jail.

Distribution of Prescription Drugs or Medications

Like many other drug crimes, the degree of punishment is determined by the amount of drugs confiscated. Penalties associated with the Prescription Drug Distribution Law in New Jersey rely upon the amount of “dosages” of the prescription drug on hand at the time of arrest. For this reason and many others, it is important to have the representation of an experienced criminal lawyer because these cases often hinge on many issues that must be litigated in court or discussed in a plea arrangement with the prosecution. For example, a defense lawyer can challenge the State’s evidence that the prescription drugs were possessed by the defendant with the intent to distribute for monetary gain. Moreover, suppression issues such as lack of probable cause, illegal search and seizure, and inadmissible statements are very common in drug cases. See the chart below that breaks down the degree of charges for prescription drug distribution and possession with intent to distribute.

Degree of Prescription Drug Distribution Charges in New Jersey

Second Degree100 or more dosage units for financial gain5 – 10 years in prison; presumption of incarceration
Third Degree99 – 5 dosage units for financial gain3 – 5 years in prison
Fourth Degree4 or fewer dosage for financial gainUp to 18 months in prison
Disorderly Persons Offense4 or fewer dosage without financial gainUp to 6 months in jail

Contact an Edison NJ Prescription Drug Defense Lawyer for Answers

As illustrated in the above chart, prescription drug crimes are very serious and can be very difficult to handle for those without experience. Properly handled, these charges will often result in downgrade or admittance into Pre-Trial Intervention. In this case, you would avoid a conviction and record upon completion of the program. As founding attorney, William Proetta, has successfully handled scores of criminal, municipal, and superior court cases including many prescription drug charges. We represent clients throughout Middlesex County, including in North Brunswick, Highland Park, Carteret, Avenel, Dunellen, and Monroe. If you would like to speak with an experienced Middlesex County prescription drug defense attorney and build a case strategy upon your facts to meet your needs, please contact our office conveniently located in Edison at (732) 659-9600 for a free initial consultation.