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Prescription Fraud Offense

Charged or Arrested for Prescription Fraud?

Individuals fraudulently obtain prescription drugs, pills and medications all the time. The classic setting for this charge is where someone alters a prescription blank, pad or tablet. Another common fact pattern for fraud involves a bogus telephone call to a pharmacy or pharmacist where someone poses as a doctor or someone from a doctors office. Although individuals are often successful in obtaining possession of controlled dangerous substance ("CDS") like pain medication and opiates through fraud, a significant number also get arrested. If you have been charged with fraud or misrepresentation relating to a prescription, our attorneys are prepared to come to your assistance. What is equally important is that our lawyers not only claim to have experience but can actually back it up with time tested success. All three members of our defense team have a minimum of 15 years experience and two of them are former prosecutors. Take a close look at our credentials because we are confident that you will find them superior to most. We would also be happy to meet with you in person for a free initial consultation to discuss your case. A lawyer from our firm is available 24/7 at 1-877-450-8301 to assist you immediately.

New Jersey Prescription Fraud Law

In accordance with N.J.S.A. 2C:35-13 it is illegal for anyone to obtain CDS through fraud. The actual language of the law prohibits an individual from acquiring or obtaining possession of pills or other forms of CDS through “fraud, misrepresentation or deception". The fundamental elements that a prosecutor must establish to prove a case of prescription fraud is: (1) that the defendant acquired or obtained a substance; (2) that the defendant used some form of fraud, misrepresentation or deception to obtain the material; and (3) the item was a controlled dangerous substance under NJ law. It is a Third Degree Crime to violate N.J.S.A. 2C:35-12. If convicted, an individual is subject to thousands of dollars in fines, a six month license suspension, and up to five (5) years in jail.

Other Forms of Prescription Fraud Prohibited Under NJ Law

Prior to adoption of N.J.S.A. 2C:35-13 by our legislature, there were other varieties of fraud relating to Manufacturing or Distribution of Prescription Drugs that were against the law. Those types of fraud remain illegal:

  1. Use of a registration number that is fictitious, revoked, suspended or that of another person;

  2. Withhold or distort information from an application, report or other document required to be compiled;

  3. To make, distribute or provide a punch, plate, stamp or other device intended to create a likeness so as to counterfeit a prescription medication or other form of CDS.

To learn more about how we can assist you, contact our attorneys anytime 24/7. The consequences of a conviction for obtaining possession of prescription drugs by fraud are stiff so it is in your best interests to speak to an attorney. Our lawyers are ready to help you at 1-877-450-8301.

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The criminal defense attorneys at the Law Offices of John F. Marshall represent New Jersey adult and juvenile clients from offices in Shrewsbury, Cranford, Toms River, Jersey City and New Brunswick. We provide prompt and convenient client service to people in such communities as Newark, Plainfield, Freehold, Eatontown, East Brunswick, Edison, Woodbridge, Westfield, Clark, Rahway, Piscataway, Sayreville, Elizabeth, Middletown, Asbury Park, Long Branch, Jackson, Lakewood, Point Pleasant, Edison, Old Bridge, Aberdeen, Linden, Belmar, Eatontown, Hazlet, Holmdel, Ocean, Sea Bright, Hoboken, Weehawken, Seaside Park, Seaside Heights, Tinton Falls, Wall, Brick, Dover, Jackson, and other locations in Monmouth County, Middlesex County, Union County, Ocean County, Burlington County, Mercer County, Essex County, Hudson County and Morris County.

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