Local news sources have reported on the arrest of a Monmouth County man stemming from his attempt to fill a fake prescription in Middlesex County. The script was for oxycodone and was presented in the name of a NY physician. The gentelmen was charged with Third Degree Prescription Fraud and an assortment of other charges. We have been consulted by the suspect based on our experience in this area of law.
The main laws implicated in a case like this are N.J.S.A. 2C:35-13 (“Obtaining Prescription Drugs by Fraud”), N.J.S.A. 2C:21-1 (“Forgery”), and N.J.S.A. 2C:35-10.5 (“Prescription Drug Possession or Distribution”). The primary focus of the prosecution in these cases is typically the Prescription Fraud charge under N.J.S.A. 2C:35-13, which is a Third Degree Crime. The possession offense is usually secondary as most individuals are caught without obtaining the prescription drugs or otherwise possess a limited quantity of pills. There is also a Fourth Degree charge which comes up in these cases that involves possession of a prescription drug without a valid prescription issued by a licensed doctor.
We also find that these charges frequently have a dependency overlay. Opiate drugs can be very addictive and can cause all types of people to resort to criminal conduct to avoid withdrawal sickness. In fact, we have even represented doctors, pharmacists, pharmaceutical sales representatives, nurses, and medical office managers on these types of charges. Over our years of experience defending these cases, we have built a network of professionals to address dependency issues which allows us to attack these cases on all fronts.