Experienced And Aggressive Criminal Defense

Prescription Drug Charges

New Jersey Prescription Drug Crimes Attorneys

The illegal use of prescription painkillers, stimulants or other medication begins with a clinical need and legitimate prescriptions. Unfortunately, the criminalization of drug addiction means that you can be sent to jail, rather than helped, if you are convicted of a prescription drug offense.

At Sutnick & Sutnick Attorneys at Law, our criminal defense lawyers have extensive experience with New Jersey and New York drug cases in state and federal court. Laura C. Sutnick and Warren S. Sutnick are board-certified attorneys. They know the courts, the judges and the prosecutors in your community. They will fight tirelessly to help you avoid criminal prosecution and get your life back on track.

Hablamos español.

Examples Of Prescription Drug Crimes In New Jersey And New York

Both New Jersey and New York treat certain prescription medications as controlled substances. N.Y. Penal Law § 220.65 and N.J.S.A. § 2C:35-5 penalize the unlawful sale of a prescription for a controlled substance. Possession of prescription drugs without a valid prescription and possession with the intent to sell are criminal offenses. The generic versions of prescription drugs also count as controlled substances under the law.

Drug distribution offenses involve selling, sharing or intending to deliver prescription pills or other forms of a controlled substance. The charges escalate to drug trafficking if the activity occurs on federal property, goes across state lines, or involves large quantities of a controlled substance. Visiting multiple doctors to obtain overlapping prescriptions, known as doctor shopping, also violates state law in New Jersey and New York.

What Are The Penalties For Prescription Drug Charges In New Jersey Or New York?

The law categorizes prescription medications into schedules based on their potential for abuse. The class and quantity of the medication directly determine your potential criminal sentence. The schedules and possible sentences include:

Schedule II controlled substances (OxyContin, Oxycodone, Percocet, Adderall, Ritalin): Simple possession or intent to distribute is a second-degree or third-degree crime in New Jersey or a Class D felony in New York. The penalties include five to 10 years in prison and fines of up to $150,000.
Schedule III controlled substances (Tylenol with codeine, Buprenorphine, Ketamine, anabolic steroids): Possession without a valid prescription is generally a third-degree crime or Class E felony. Penalties include three to five years in prison and fines of up to $35,000.
Schedule IV controlled substances (Xanax, Valium, Ativan, Klonopin, Ambien): Possessing four or fewer dosage units constitutes a disorderly persons offense in New Jersey; larger quantities count as third-degree or fourth-degree crimes. Penalties range from 18 months to 10 years in prison and fines between $1,000 and $25,000.
Schedule V controlled substances (Cough suppressants with low codeine doses, Lyrica): The lowest-severity category of controlled prescriptions. Still, unauthorized possession is a crime that may result in up to 18 months in prison and fines of up to $10,000.

A drug crime on your record can harm your immigration status, put your professional license at risk, lead to driver’s license revocation, and result in college or university discipline. Employers and landlords may also reject applicants with prior records. Our Bergen County prescription drug charges attorneys can help you resolve your current case and explore record-sealing or expungement down the road.

The Importance Of Working With Criminal Law Attorneys

Always obtain legal advice before talking to the police or other law enforcement authorities. It is essential to have an experienced criminal defense attorney in your corner if you or a loved one has been charged with prescription drug fraud, distribution, possession or possession with intent to sell. We scrutinize the legality of police search warrants, medical record subpoenas, data collection and chain-of-custody procedures. We also pursue treatment-focused alternatives to traditional prosecution. First-time offenders in New Jersey may qualify for conditional discharge or pretrial intervention in superior court.

We believe every case should be evaluated on an individual basis and handled as a unique matter. As your counsel, we will explain your rights, discuss possible case outcomes and potential penalties, and build your case around your individual needs once we have thoroughly evaluated the facts. You will receive personalized representation from our firm.

Contact A Prescription Drug Charges Lawyer: Free Consultations

Following an arrest anywhere in northern New Jersey or the New York metro, you need an experienced attorney right away. Turn to Sutnick & Sutnick Attorneys at Law, where our team has more than 20 years of experience in criminal law. To schedule a free, confidential consultation, please call us at 201-212-4532 or send us an email. We have offices in the Bronx, Hackensack and Wayne.