Modern science has placed our most recent generations in an interesting predicament. While the marvels of modern medicine have made recovery and rehabilitation a far more navigable journey, the drugs used along the way have left many individuals stuck in addiction. However, whether your dependency on prescription drugs arose from prior legitimate use or illegal use is irrelevant under the law. Both New Jersey State Troopers and Hudson County local officials are hammering down on the possession and use of prescription narcotics. Law enforcement feels that prescription drugs are the gateway to recent heroin epidemic that Jersey City, New Jersey has been facing. One of the most common prescription drug that is being abused is OxyContin. While its official name is OxyContin, on the street it’s known as “oxycotton”. When taken in pill form, as intended, OxyContin is a slow-release narcotic. However, often times when purchased illegally, users will crush and snort the “oxycotton” to deliver a powerful and fast high that many users claim is better than heroin. If you or someone you know has been charged with prescription drug possession, heroin possession, cocaine possession, possession of heroin with the intent to distribute or marijuana possession, the Law Office of Jonathan F. Marshall can help.
Jersey City OxyContin, Codeine and Adderall Lawyers
The Law Offices of Jonathan F. Marshall has attorneys experienced in keeping offenders out of jail. Our Hudson County prescription drug possession law firm has eight criminal defense attorneys on staff, making our office one of the largest criminal defense firms in the State, let alone Hudson County. Our firm handles cases throughout Hudson County at both the Superior Court and local Municipal Court’s including Hoboken, Harrison, Bayonne, Secaucus, Weehakwen, Kearny and Union City. For help with prescription drug possession charges against you or a loved one, contact our Jersey City Office (201) 309-1800 and we will stand side-by-side with your as you fight through the criminal justice process.
What is a “Prescription Drug” in Hoboken, NJ?
With one of the most populous cities in the country (Jersey City) and vibrant young communities like Hoboken, Hudson County is a hotbed for drug use. Often times the end users do not even realize that the drug they are consuming is considered a prescription narcotic and that use of these drugs, absent physician prescription, is a crime. Specifically, a “Prescription Legend Drug” refers to any drug which under Federal or State law requires dispensing by prescription or order of a licensed physician, veterinarian or dentist and is required to bear the statement “Rx only” or a similar warning that such drug may be sold or dispensed only upon the prescription of a licensed medical practitioner. Unlike controlled dangerous substances such as marijuana, cocaine, and heroin, prescription drugs are considered to have some medical value in the community. It is for this reason that prescription legend drug possession has its own statutory sanctions.
Prescription Drug Possession Law Attorneys in Hudson County, NJ
Hudson County, New Jersey, prosecutes prescription drug possession under N.J.S.A. 2C:35-10.5(e). Pursuant to the statute, it is criminal offense to possess “prescription legend drugs” without a valid prescription from a qualified physician. Many cases involving prescription drug possession hinge on the element of possession. Most defendants assume possession involves actual physical control over the drugs. However, New Jersey case law has permitted drug possession to extend beyond just actual possession and into what has been coined as constructive possession. For constructive possession, the Defendant need only possess an awareness of the nature of the prescription drugs and intention to exercise control over said prescription drugs. This means that you may be found to possess prescription drugs even when the pills are not on your person but were nevertheless in your apartment, house, office or car.
Will I go to Prison for Prescription Drug Possession in North Bergen, New Jersey?
Depending on the weight and amount of prescription drugs involved, charges for possession may result in a fourth degree felony. If an individual is found in possession of five (5) or more doses they will be charged with a fourth degree indictable offense that carries a maximum sentence of eighteen (18) months in jail and a fine up to $10,000. As an indictable offense it will handled by the Hudson County Prosecutor’s Office and fall under the jurisdiction of the Hudson County Superior Court in Jersey City. Conversely, possession of four (4) dosage units or fewer will be a disorderly persons offense. As such, this charge will be prosecuted by the municipal prosecutor and overseen by the municipal judge where the incident occurred. If convicted, the individual will face up to six (6) months in prison and a $1,000 fine.
Every criminal matter is different. There is not one single solution that works for each defendant. Instead, a Hudson County criminal defense attorney must analyze the facts of the case alongside with the defendant’s prior criminal record. For certain eligible individuals, a diversionary programs, such as Pre-Trial Intervention or Conditional Dismissal, may be the best resolution to a Jersey City, NJ prescription drug possession case. Other individuals may be better served taking their case to trial. However, obtaining skilled legal representation is crucial for any defendant to properly face prescription drug possession charges in Hudson County, New Jersey. At the Law Offices of Jonathan F. Marshall, we have a team of criminal defense attorneys ready and able to fight on your behalf. With over 100 years of legal experience, our firm has to tools and resources necessary to represent your interests. Contact our Jersey City Office at (201) 309-1800 to speak with an experienced prescription drug possession attorney today. Regardless of the situation, our Hudson County legal team will have the answers you need.