Obtaining a Controlled Dangerous Substance (CDS) by Fraud in Warren County NJ

Hackettstown Prescription Fraud Attorneys

There are many different types of drug crimes in New Jersey in addition to selling or possessing a controlled dangerous substance. One such offense is obtaining a controlled dangerous substance (“CDS”) by fraud. Prescription fraud charges apply if any scheme or fraud was used to take possession of the substance. That is, if a person uses someone else’s prescription or presents with false medical conditions in an effort to fraudulently obtain a drug, then they may be charged with a violation of NJSA 2C:35-13. Generally, obtaining drugs by fraud pertains to using any form of deception such as false prescriptions or “doctor shopping” to obtain prescription medications such as Xanax, OxyContin, Valium, Vicodin, Adderall, Percocet, Morphine, and Methadone. Obtaining prescription pills by fraud is a third degree crime and in addition to fines and prison time the penalties also include a loss of driving privileges. Obviously, a conviction for obtaining drugs by fraud in New Jersey can have a harsh impact on your life and liberty.

If you are accused of prescription fraud in Sussex County or Warren County, New Jersey, don’t hesitate to contact the seasoned New Jersey drug defense lawyers at The Tormey Law Firm – our team of attorneys is available around the clock to discuss your defense. We have successfully handled thousands of indictable drug offenses throughout the State of New Jersey. In fact, we have several former drug prosecutors on staff who can now use their expertise and experience to fight your drug case in Andover, Newton, Vernon, Phillipsburg, Belvidere, Hopatcong, Hackettstown, Sparta, and surrounding areas. Contact our attorneys now for a free initial consultation at 973-755-1695.

Obtaining CDS by Fraud in NJ – NJSA 2C:35-13

The New Jersey Criminal Code sets forth in N.J.S.A. 2C:35-13 that it shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall also be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.A. 2C:35-21. Common scenarios that may lead to criminal charges for obtaining CDS by fraud include using a prescription pad or prescription blank to obtain medication that was not actually prescribed by a doctor or physician.

Penalties for Obtaining Drugs by Fraud in New Jersey

A violation of the obtaining controlled dangerous substance by fraud statute shall be a crime of the third degree. Generally, third degree crimes in New Jersey are punishable by three to five years in prison as well as a fine of up to $15,000. But when it comes to obtaining controlled dangerous substances by fraud, there is an enhanced financial penalty of a fine of up to $50,000. Additionally, as with all controlled dangerous substance offenses in New Jersey, a conviction for obtaining controlled dangerous substances by fraud will result in a drug enforcement and demand reduction penalty and a driver’s license suspension. Specifically, N.J.S.A. 2C:35-15 sets forth a $1,000 penalty third degree drug offenses and N.J.S.A. 2C:35-16, imposes that the court shall also suspend the defendant’s driver’s license for six months to two years.

It is important to note that using a deceptive scheme, forging a prescription on a prescription pad or falsifying reports of a medical condition to obtain prescription drugs is a separate offense from the underlying possession of a controlled dangerous substance. If convicted of drug possession, you will face additional penalties to the ones associated with Obtaining CDS by Fraud in New Jersey.

Hopatcong Prescription Fraud Lawyers

If you have been charged with obtaining a controlled dangerous substance by fraud in Sussex County or Warren County, New Jersey, you have a lot on the line and you should contact an experienced criminal defense lawyer right away.  As with all criminal charges, there are always potential defenses that may be utilized as part of a comprehensive defense strategy  The skilled NJ drug defense attorneys at the Tormey Law Firm are available now to consult with you about your drug charges. Contact us at 973-755-1695 for immediate assistance.