Elizabeth, NJ Prescription Forgery & Fraud Charge Attorney

Facing accusations of prescription forgery or fraud in New Jersey can be incredibly stressful. Understanding the law and your options is crucial. This page provides a comprehensive guide to navigating these charges in the state, along with the steps you can take to defend yourself.

Understanding Prescription Forgery & Fraud in New Jersey

New Jersey law treats prescription forgery and fraud as distinct offenses:

• Prescription Forgery (N.J.S.A. 2C:21-1): This involves altering a real prescription document. Examples include changing the medication, dosage, doctor’s signature, or date.

• Prescription Fraud (N.J.S.A. 2C:35-13): This involves acquiring a prescription drug through misrepresentation, deception, or forgery. Examples include doctor shopping, using someone else’s prescription, or forging a prescription entirely.

Penalties for Prescription Forgery & Fraud

Both prescription forgery and fraud are considered third-degree crimes in New Jersey. Potential penalties include:

• Prison sentence of 3 to 5 years
• Fines up to $150,000

Additional Consequences:

• Driver’s license suspension (minimum 6 months)
• Difficulty obtaining future prescriptions
• Damage to your reputation

New Jersey Prescription Forgery & Fraud Defenses: Fighting the Charges

A prescription forgery or fraud accusation in New Jersey can be a frightening experience. However, there are defenses available. Below explores some of the strongest defenses you can use to fight the charges:

1. Lack of Knowledge (Prescription Fraud):

This defense applies if you unknowingly possessed a forged prescription or obtained medication through someone else’s deception. Perhaps you received the prescription from a friend or acquaintance without realizing its origin. Your attorney will investigate how you acquired the prescription to build this defense.

2. Mistake of Fact (Both Forgery & Fraud):

Did you genuinely believe the prescription was legitimate? Maybe you received it from a seemingly authorized source or misinterpreted instructions. Your lawyer can argue a mistake of fact defense if you can demonstrate this belief.

3. Illegal Search and Seizure (Both Forgery & Fraud):

If law enforcement obtained evidence (forged prescription, obtained drugs) through an illegal search (without a warrant or probable cause), your attorney can file a motion to suppress the evidence. This means the evidence cannot be used against you, potentially leading to dismissal of the charges.

4. Prescription for a Valid Medical Condition (Fraud):

In rare situations, you might have faced a desperate medical need for a medication you couldn’t obtain legally. While unlikely, your attorney might explore a medical necessity defense. However, the burden of proof is high, so consulting with a lawyer is essential to determine if it applies.

5. Entrapment Defense (Rare):

If law enforcement pressured or induced you to commit the crime (forge a prescription, use deception), you might have an entrapment defense. This is a complex legal concept, and consulting with an attorney is crucial to determine if it applies to your case.

Remember: These are just some of the potential defenses. The best defense strategy depends on the specific facts of your case. An experienced New Jersey criminal defense attorney can analyze the details and develop the most effective approach for your situation.

Don’t Face These Charges Alone

Contact Brett M. Rosen today for a free consultation. We will fight for your rights and strive for the best possible outcome in your case.

New Jersey Prescription Forgery & Fraud: Frequently Asked Questions

Being accused of prescription forgery or fraud in New Jersey can be confusing and can have serious consequences. Brett M. Rosen understands and has compiled a list of frequently asked questions to help you navigate this situation:

1. What’s the difference between prescription forgery and fraud in New Jersey?

• Prescription Forgery: This involves altering a real prescription document, like changing the medication, dosage, doctor’s signature, or date.
• Prescription Fraud: This involves acquiring a prescription drug through misrepresentation, deception, or using a forged prescription entirely. Examples include doctor shopping, using someone else’s prescription, or lying about symptoms to get a prescription.

2. How serious are prescription forgery and fraud charges in New Jersey?

Both are considered third-degree crimes, carrying potential penalties of:

• Prison sentence of 3 to 5 years
• Fines up to $150,000

3. Are there additional consequences besides jail time and fines?

Yes. These charges can lead to:

• Driver’s license suspension (minimum 6 months)
• Difficulty obtaining future prescriptions
• Damage to your reputation

4. I didn’t know the prescription was forged or obtained fraudulently. Can I defend myself?

Possibly. A “lack of knowledge” defense might be applicable in prescription fraud cases if you unknowingly possessed a forged prescription or obtained medication through someone else’s deception. Your lawyer will investigate how you acquired it.

5. What if I thought the prescription was legitimate (both forgery & fraud)?

A “mistake of fact” defense might be possible. This applies if you genuinely believed the prescription was real, perhaps receiving it from a seemingly authorized source or misunderstanding instructions. Your lawyer can build a case based on this belief.

6. The police got evidence through a search. Can I challenge this?

Yes. If the search was illegal (without a warrant or probable cause), your attorney can file a motion to suppress the evidence. This prevents it from being used against you, potentially leading to dismissed charges.

7. What should I do if I’m facing prescription forgery or fraud charges?

Do not speak to the police about the charges without an attorney present. Contact an experienced New Jersey criminal defense lawyer immediately. They can review your case, explore potential defenses, and fight for the best possible outcome.

8. How can Brett M. Rosen help?

Our skilled attorneys have a proven track record of defending prescription forgery and fraud charges. We will:

• Investigate your case thoroughly.
• Explore all possible defenses and build a strong case strategy.
• Aggressively advocate for your rights and fight for the charges to be dropped.
• Negotiate with prosecutors on your behalf.

Don’t let these charges define your future. Contact Brett M. Rosen today for a free consultation.

Why Choose Brett M. Rosen?

At our law firm, we understand the complexities of prescription forgery and fraud charges. Our team will:

• Conduct a thorough investigation of your case.
• Explore all potential defenses and build a strong case strategy.
• Aggressively advocate for your rights and fight for the best possible outcome.
• Negotiate with prosecutors on your behalf.

Facing prescription forgery or fraud charges can have serious consequences. Don’t go through this alone. Contact Brett M. Rosen today for a free consultation.

Choose Expertise and Experience with Brett M. Rosen for Prescription Forgery/Fraud Charges in NJ

If you’re facing charges of prescription forgery/fraud in New Jersey, securing Brett M. Rosen as your criminal defense attorney could be the key to a successful outcome. With his certification as a Criminal Trial Attorney by the Supreme Court of New Jersey, Rosen brings a wealth of knowledge and a strategic approach to your defense. His experience in handling complex forgery cases is unmatched, offering clients a nuanced understanding of the law and a robust defense strategy. Rosen’s commitment to his clients is evident in his 24/7 availability and personalized attention to each case, ensuring that every legal avenue is pursued with vigor. By choosing Brett M. Rosen, you’re not just hiring a lawyer; you’re partnering with a legal advocate who is dedicated to protecting your rights and securing the best possible resolution for your case. Contact our office today for a consultation.