Prescription Drugs

Monmouth County Prescription Drug Offense

A special category of controlled dangerous substance (“CDS”) is termed “prescription legend drugs”. These forms of CDS cannot be dispensed without a prescription issued by a licensed physician. This article outlines the various prescription drug offenses that arise under New Jersey Law including obtaining CDS through fraud, prescription theft, forgery of a prescription, and possession or distribution of a prescription legend drug. Virtually all of these charges are indictable crimes, felonies that can only be adjudicated before the Monmouth County Superior Court. Accordingly, whether you were arrested in Eatontown, Freehold, Red Bank, Wall, Ocean or another town, your case will be heard in Freehold.

The team of criminal attorneys at The Law Offices of Jonathan F. Marshall has considerable experience defending all of these charges at the Freehold Courthouse. Several lawyers on our staff have even handled these cases from the opposite perspective as prosecutors before committing to the defense. We are prepared to invest over a century of knowledge and skill to work on your prescription legend drug charge. The information that follows is intended to provide you with an overview of the various types of prescription drug offenses that an individual may be arrested or indicted for in Monmouth County. Please do not hesitate to contact our Freehold Office or Red Bank office for a free initial consultation if you have been charged with any criminal offense.

Types of Prescription Drug Charges

Prescription drug charges typically come in the form of a second degree, third degree or fourth degree crime. Violations falling within these grades are, as previously, stated felony offenses that carry the possibility of state prison. There are five (5) mail forms of offense that arise with prescription medications. Each one of these charges are discussed in detail on the pages that are accessible through the corresponding link.

  • Possession & Distribution of a Prescription Legend Drug
  • Obtaining CDS by Fraud
  • Prescription Forgery
  • Theft of Prescriptions, including by Deception
  • Failure to Keep Medication In Its Container

Grading of these Offenses

All criminal offenses are scaled in terms of severity in terms of “grades”. This biggest block of prescription charges come in the form of a third degree crime. Where a case involves selling or intent to distribute 100 or more units of a prescription legend drug, then the crime can be enhanced to a second degree. Conversely, possession or distribution of four or fewer dosage units is a fourth degree crime. Under very limited circumstances, a prescription drug case can involve a disorderly persons offense. Where each crime falls within this framework is discussed in detail on the individual offense pages.

Prescription Drug Lawyers With Offices in Freehold, Red Bank & Wall

Monmouth County is far from immune from the opiate epidemic with Middletown, Asbury Park, Howell, Keansburg and Marlboro all ranking in the top 45 in the state for heroin and opiate cases. There is little doubt that there is a correlation between this problem and an escalation in the amount of individuals arrested and/or charged with some form of prescription legend drug offense. The increased demand for opiates has resulted in a rise in efforts to perpetrate crimes to secure these drugs. If you find yourself on the wrong side of the law in terms of prescription medication, call our Prescription Drug Lawyers for immediate assistance. We can be reached 24/7 at 732-450-8300 or 732-462-1197 for consultation with one of our attorneys.