Chat with us, powered by LiveChat
Free Initial Consultation Available 24 / 7 All Major Credit Cards Accepted 1200 Route 22 East, Suite 2000, Bridgewater, NJ 08807 908-533-1064

Obtaining CDS by Fraud: NJSA 2C:35-13

Contact us for a free consultation and our attorneys will assist you immediately

schedule consultation
William A ProettaReviewsout of 30 reviews Keith G OliverReviewsout of 55 reviews

Charged with Prescription Fraud in Hunterdon County?

There is a war on drugs taking place in New Jersey  as we speak and there does not appear to be an end in sight. For almost a decade now New Jersey as a whole but Somerset and Hunterdon County especially have been battling a drug epidemic that has been sweeping through the northeast. It all basically started when individuals, who were lawfully being prescribed prescription drugs, like Oxycodone, Ocycontin, Vicodin, Percocet and Xanax began abusing them. Then when those drugs became to expensive the abusers began looking for cheaper alternatives, like heroin. Prior to resorting to heroin, most individuals will attempt to obtain the prescription drugs by fraudulent means. One of the more common methods we see at Proetta & Oliver involves situation where in which an individual actually attempts to forge a prescription. As you will see below, prescription fraud is a serious felony offense and one that tends to be prosecuted very aggressively.

If you have been placed under arrested for obtaining CDS by fraud, possession of prescription drugs, distribution of prescription drugs, possession of cocaine or any other drug offense for that matter in Somerset or Hunterdon County, the Law Offices of Proetta & Oliver can help. Our attorneys are well aware of what is on the line when someone is charged with a serious felony drug offense. If you would like to set up an initial consultation with one of our knowledgeable criminal defense lawyers today, then please contact our office at 908-533-1064 or you can try contacting us online.  Our attorneys regularly appear in courts throughout New Jersey, including throughout Somerset and Hunterdon County. So, if you have been arrested in Clinton, Raritan, Readington, Bridgewater, Bernards, Union, Plainfield, Watchung, Flemington and Somerville, please do not hesitate to contact us.

Somerville NJ Obtaining CDS by Fraud Lawyer

Obtaining CDS by Fraud, which is governed by NJSA 2C:35-13, seeks to prosecute anyone who is alleged to have obtained a controlled dangerous substance (CDS) by any fraudulent means. Including but not limited to making a material misrepresentations, forging a prescription, creating a false impression or creating an intentional deception. So, before someone could be convicted of obtaining CDS by fraud, the prosecution must establish the three following elements:

  • That the Defendant acquired or obtained a CDS;
  • The Defendant did so by:
    • Misrepresentations;
    • Fraud;
    • Forgery;
    • Deception; or
    • Subterfuge.
  • In doing so, the Defendant acted Knowingly.

Under the law, a person acts knowingly,  “if the person is aware that his/her conduct is of that nature, or that such circumstances exist, or the person is aware of a high probability of their existence”.

Can I go to Jail for Forging a Prescription in NJ?   

The short answer is yes. Pursuant to NJSA 2C:35-13, obtaining CDS by fraud is a third degree felony offense in New Jersey. So anyone charged with this offense would be facing up to five years in prison, a fine up to $35,000, a felony criminal record as well as a loss of license. However, there are various ways in which an experienced criminal defense attorney can seek to avoid incarceration on a prescription fraud case. Some of those ways include the Pretrial Intervention Program, the Conditional Dismissal Program, the Conditional Discharge Program and Drug Court. For more information on these programs, including how the operate, please contact our office at 908-533-1064.

Clinton NJ Prescription Fraud Lawyer

Proetta & Oliver has been representing individuals charged with drug offenses like obtaining CDS by fraud in courts throughout New Jersey for the better part of the last decade. We are well aware of what a felony drug conviction let alone a lengthy jail sentence can do to someones life. Our attorneys serve all of Somerset and Hunterdon County including Manville, Bound Brook, South Bound Brook, Hillsborough, Clinton and Bernardsville. Contact our office at 908-533-1064 to set up a free initial consultation today with one of our attorneys. Initial consultations with one of our Somerset County criminal defense attorneys are always free of charge. So if you have any questions whatsoever, please do not hesitate to contact us.