Valium Charge Attorney in Elizabeth, New Jersey

Valium, the brand name for Diazepam, is a prescription medication commonly used in New Jersey to treat anxiety, insomnia, and muscle spasms. However, possessing Valium without a valid prescription is illegal in New Jersey. Illegal Valium possession is sometimes charged with Xanax charge, possession of Ambien charge, or a drug distribution charge. This page provides a comprehensive overview of New Jersey’s Valium possession laws and the potential consequences of violating them. Our experienced New Jersey criminal defense attorneys are here to help you navigate these charges. Brett M. Rosen is a certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, reflecting his expertise and dedication to criminal defense. With a strategic approach to legal defense and a passion for justice, Rosen has a track record of achieving favorable outcomes, including acquittals and dismissals. His methodical and assertive cross-examination skills make him a standout in the courtroom, ensuring that your rights are vigorously defended. Choosing Brett M. Rosen means opting for a staunch advocate with a reputation for legal excellence and a commitment to upholding the highest standards of integrity in every case. Contact our office today and discuss your case with Attorney Rosen. 

New Jersey Valium Possession Laws:

• Valium is a Schedule IV Controlled Dangerous Substance (CDS): This classification signifies its potential for abuse but also recognized medical benefits.
• Valid Prescription Required: It’s illegal to possess Valium unless you have a valid prescription issued by a licensed healthcare professional in your name (N.J.S.A. 2C:35-10a(1)).

Penalties for Illegal Valium Possession:

The severity of penalties depends on the quantity of Valium involved:

• Four or Fewer Dosage Units: This is considered a disorderly persons offense (similar to a minor misdemeanor) with potential penalties of up to six months in jail and a fine of up to $1,000.
• More Than Four Dosage Units: This is typically a third-degree crime, carrying a sentence of up to five years in prison and a fine of up to $75,000.

Additional Consequences:

• Driver’s License Suspension: A conviction can lead to driver’s license suspension.
• Professional License Revocation: For professionals like doctors or nurses, a conviction could result in license revocation.
• Criminal Record: A conviction can create a criminal record, impacting future employment and educational opportunities.

New Jersey Illegal Valium Possession: Defending Your Case

Being charged with illegal Valium possession in New Jersey can be stressful. The potential consequences, including jail time, fines, and professional repercussions, are significant. Fortunately, our experienced New Jersey criminal defense attorneys at Brett M. Rosen, Esq. can explore various defenses on your behalf. Here’s a detailed breakdown of some common defenses that might apply:

1. Valid Prescription:

This might seem obvious, but it’s crucial. If you have a valid prescription for the Valium in your possession, even if it’s outdated or misplaced, the charges could be dropped. Our attorneys will meticulously examine your prescription documentation to identify any discrepancies that could strengthen your defense.

2. Lack of Knowledge:

The prosecution must prove you knowingly possessed Valium. If you were unaware the medication contained Valium, you cannot be convicted. This defense could apply if, for instance, you received medication from someone else without knowing it was Valium. Our attorneys will investigate the circumstances surrounding your possession to build a strong argument for lack of knowledge.

3. Possession for Personal Use (Limited Defense):

In specific circumstances, our attorneys may argue that you possessed a small quantity of Valium for personal use. This could be relevant if, for example, a family member with a valid prescription accidentally gave you some of their medication. However, it’s important to note that this defense has limitations and may not apply if the quantity suggests potential distribution.

4. Illegal Search and Seizure:

The Fourth Amendment protects individuals from unreasonable searches and seizures. Police cannot search you or your belongings without a warrant unless they have probable cause or a valid exception applies. Our attorneys will scrutinize the details of your stop and the evidence collected. If the police violated your rights, the evidence obtained might be excluded, potentially leading to dismissed charges.

5. Prescription Errors:

Mistakes happen. Our attorneys can explore the possibility of a prescription error. This could involve a doctor prescribing the wrong medication or dosage, or a pharmacy dispensing the incorrect medication. If the error originated with a medical professional or pharmacy, it could strengthen your defense.

6. Mistake of Fact:

If you believed the Valium was a different medication due to a reasonable mistake, this defense might apply. For example, if someone gave you Valium and told you it was another anxiety medication, you could argue you lacked the necessary knowledge of possessing a controlled substance.

7. Procedural Errors:

Law enforcement must follow specific procedures during an arrest and investigation. Our attorneys will examine the details of your case to identify any potential procedural errors made by the police. If such errors occurred, they could lead to the suppression of evidence or even the dismissal of charges.

8. Drug Diversion Programs:

New Jersey recognizes the challenges of addiction. In some cases, depending on the severity of the offense and your background, our attorneys may advocate for participation in a drug diversion program as an alternative to criminal prosecution.

Remember: These are just some of the potential defenses. The best course of action is to consult with our experienced New Jersey criminal defense attorneys at [Law Firm Name] as soon as possible. We will assess the specifics of your case, develop a tailored defense strategy, and fight for the best possible outcome.

Don’t Hesitate to Contact Brett M. Rosen, Esq. for a Free Consultation

Facing illegal Valium possession charges can be overwhelming. Our knowledgeable and aggressive defense team is here to help you navigate the legal system and protect your rights. Contact us today to discuss your case.

Facing Valium Possession Charges in New Jersey?

Don’t navigate this challenging situation alone. Our New Jersey criminal defense firm can help:

• Analyze the details of your case
• Explore potential defenses tailored to your specific circumstances
• Fight for the best possible outcome, which could include reduced charges, dismissal, or participation in a drug diversion program.

We understand the complexities of New Jersey’s drug laws and are committed to protecting your rights. Contact our firm today for a free consultation.

New Jersey Illegal Valium Possession: Frequently Asked Questions

Facing charges for illegal Valium possession in New Jersey can be confusing and frightening. This FAQ offers answers to some of the most frequently asked questions regarding this offense:

1. Is having any amount of Valium without a prescription illegal in New Jersey?

Yes. New Jersey law prohibits possessing any amount of Valium unless you have a valid prescription issued by a licensed healthcare professional in your name (N.J.S.A. 2C:35-10a(1)).

2. What are the penalties for illegal Valium possession in New Jersey?

The severity of penalties depends on the quantity involved:

• Four or Fewer Dosage Units: This is considered a disorderly persons offense (similar to a minor misdemeanor) with potential penalties of up to six months in jail and a fine of up to $1,000.
• More Than Four Dosage Units: This is typically a third-degree crime, carrying a sentence of up to five years in prison and a fine of up to $75,000.

3. What if I had a prescription for the Valium, but I lost it?

In some cases, if you can demonstrate you had a valid prescription but misplaced it, the charges might be dropped. However, consulting with a New Jersey criminal defense attorney is crucial to explore your options.

4. What happens if I’m caught with Valium near a school?

Possessing any controlled dangerous substance (CDS) within 1,000 feet of a school zone in New Jersey carries harsher penalties, including increased fines and mandatory community service.

5. I unknowingly possessed Valium. Can I still be charged?

“Lack of knowledge” is a potential defense. If you can demonstrate you were unaware you possessed Valium, you may not be convicted. An attorney can analyze your situation to build a strong case for this defense.

6. What should I do if I’m facing Valium possession charges in New Jersey?

Contact a qualified New Jersey criminal defense attorney immediately. An attorney can:

• Explain your legal options
• Develop a defense strategy tailored to your specific circumstances
• Fight for the best possible outcome, which could include reduced charges, dismissal, or participation in a drug diversion program.

7. Where can I find a New Jersey criminal defense attorney?

Many reputable law firms specialize in criminal defense in New Jersey. Brett M. Rosen has experienced in handling illegal Valium possession charges. Rosen is also Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction that approximately less than one percent of attorneys in New Jersey hold. 

Remember: This FAQ is for informational purposes only and does not constitute legal advice. Always consult with a qualified New Jersey criminal defense attorney, such as Brett M. Rosen, to discuss your specific situation.

Top-Tier New Jersey Valium Possession Charge Lawyer