Bordentown Township CDS Fraud Lawyers
Obtaining CDS by fraud is an offense that is on the rise especially as it relates to prescription drugs. The setting usually involves an attempt to acquire a medication using a stolen, counterfeit, or forged prescription. Not surprisingly, this offense is filed in tandem with a theft by deception or forgery offense. If you were arrested and charged with obtaining cds by fraud under N.J.S.A. 2C:33-15, you need to take this situation seriously. A conviction for violating N.J.S.A. 2C:33-15 is a third degree crime that carries a fine of up to $50,000 and sizable jail sentence. Our Mt. Laurel Criminal Firm, The Law Office of Jonathan F. Marshall, can offer you time tested representation from a team of former prosecutors. We are skilled in the defense of all Burlington County cases including charges stemming from misrepresentation, fraud, forgery, deception or subterfuge to acquire or obtain CDS (i.e. drugs). Call us 24/7 to discuss your case and find out what our attorneys can do to help you.
CDS Fraud Offense Under N.J.S.A. 2C:35-12
Anyone facing this offense needs to have a basic understanding of what this law says. In this regard, N.J.S.A. 2C:35-12 provides 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 be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S. 2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.
Since this is a third degree crime, a conviction or finding of guilt results in a prison term in the range of 0-5 years, with a presumptive period of incarceration of 3-5 years. As previously stated, there is an enhanced fine for this violation beyond the standard $15,000 for a third degree crime. The limit of the fine is increased to $50,000 for third degree obtaining CDS by fraud. As a 2C drug offense, a mandatory driver’s license suspension of 6 months also applies in the event of conviction.
Obtaining CDS by Fraud Defense Attorney, Mt. Holly NJ
All indictable criminal charges are heard at the Burlington County Superior Court in Mount Holly. So even if your drug fraud arrest took place at a pharmacy in Cinnaminson, Burlington Township, Pemberton or Willingboro, your charge must be referred to the county courthouse for handling. Our attorneys are well acquainted with this court by virtue of appearing there for well over 20 years. We have defended all sorts of cases with success and are prepared to effectively represent you on your obtaining CDS by fraud charge. Call us for immediate assistance at (856) 234-8900.