Elizabeth, NJ Prescription Theft Charge Attorney

Facing accusations of prescription theft in New Jersey can be overwhelming. Understanding the law and your options is critical. This page provides a comprehensive guide to prescription theft charges in the state, along with the steps you can take to defend yourself. Choosing Brett M. Rosen as your defense attorney for a charge of prescription theft in New Jersey is a decision that can greatly influence the outcome of your case. His extensive experience in criminal defense, particularly in theft and fraud-related charges, positions him as a formidable advocate for your rights. Rosen’s approach is comprehensive, focusing on a meticulous review of the evidence and an aggressive defense strategy that challenges the prosecution’s case at every turn. His recognition as a Rising Star by Super Lawyers underscores his commitment to excellence and client satisfaction. With Brett M. Rosen, you’re not just hiring a lawyer; you’re securing a dedicated ally who will fight tirelessly to protect your future.

What is Prescription Theft in New Jersey?

New Jersey law (N.J.S.A. 2C:20-3) considers prescription theft the unauthorized acquisition of prescription pads, blanks, or forms. This often leads to the illegal procurement of controlled dangerous substances (CDS) like oxycodone, Adderall, or Xanax.

Examples of Prescription Theft:

• Stealing prescription pads from a doctor’s office
• Forging a doctor’s signature on a prescription
• Obtaining prescriptions through deception (faking symptoms)
• Using stolen prescription blanks to write fake prescriptions

What are the Penalties for Prescription Theft in New Jersey?

Prescription theft is classified as a third-degree crime in New Jersey. Penalties can be severe and include:

• Prison sentence of 3 to 5 years
• Fines up to $100,000
• Driver’s license suspension (minimum 6 months)

Additional Charges:

Depending on the circumstances, you may face additional charges alongside prescription theft, such as:

• Prescription Fraud (obtaining CDS through deception)
• Forgery
• Possession of Controlled Dangerous Substances

New Jersey Prescription Theft Defenses: Fighting the Charges

A prescription theft 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:

The prosecution must prove you knew the prescription pad, blank, or form was stolen. If you obtained it unknowingly, perhaps from a friend or lost source, your attorney can argue this lack of knowledge.

2. Mistake of Fact:

Did you genuinely believe the prescription was legitimate? Perhaps you received a prescription from a seemingly authorized source or misinterpreted instructions. Your lawyer can build a defense based on your mistaken belief.

3. Illegal Search and Seizure:

If law enforcement obtained evidence (stolen prescription pad, pills) 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. Medical Necessity Defense (Rare):

In very specific situations, facing a desperate medical need for a medication you couldn’t obtain legally, your attorney might explore a medical necessity defense. However, this is a complex defense with a high burden of proof, so consulting with a lawyer is essential to determine its applicability.

5. Entrapment Defense (Rare):

If law enforcement pressured or induced you to commit the crime (steal a prescription pad), 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.

Why Choose Brett M. Rosen?

At Brett M. Rosen, Esq., we understand the complexities of prescription theft 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 theft charges can have serious consequences. Don’t go through this alone. Contact Brett M. Rosen today for a free consultation.

Secure Your Defense Against Prescription Theft Charges with Brett M. Rosen, Esq.

Facing a charge of prescription theft in New Jersey can be a daunting experience, but with Brett M. Rosen as your defense attorney, you have a strategic advantage. Renowned for his meticulous case preparation and aggressive courtroom representation, Rosen’s expertise in criminal defense law is unparalleled. His approach is tailored to the unique aspects of each case, ensuring that every defense avenue is explored. With a track record of successful outcomes and a reputation for tenacious advocacy, choosing Brett M. Rosen means opting for a defense that is as robust as it is intelligent. His recognition as a Rising Star by Super Lawyers for multiple years is a testament to his dedication and the high-quality legal counsel he provides. Trust in the expertise of Brett M. Rosen to navigate the complexities of New Jersey’s legal system and fight for the best possible outcome in your prescription theft case. Contact our office today for a consultation.