Monmouth County Obtaining CDS Fraud Attorney
If you have been arrested and charged with obtaining CDS by fraud in Monmouth County it is crucial that you speak to an experienced criminal defense lawyer as soon as possible. New Jersey as a whole has been cracking down on these types of charges ever since the prescription drug epidemic started sweeping through the state. If you have been caught attempting to fill a forged prescription and/or caught possessing a prescription pad in Monmouth County, the Keith Oliver Criminal Law can help. This is a very serious charge that tends to be prosecuted to the fullest extent of the law. As you will see below, if convicted, a Defendant could be facing up to five years in prison and a fine up to $50,000. If you would like to speak to one of our Monmouth County criminal defense attorneys about your options, then please contact us directly at 732-858-6959.
Need Local Attorney for Obtaining CDS by Fraud Near Wall Township?
At Keith Oliver Criminal Law, we defend clients accused of obtaining CDS by fraud, possession of heroin, burglary, theft by deception, cocaine possession, endangering the welfare of a child and marijuana possession in courts throughout Monmouth County. We are well aware of what a felony criminal drug conviction let alone a lengthy jail sentence can do to someone’s life. If you would like to set up a free initial consultation today with one of our criminal defense attorneys then please contact us at (732)858-6959. We can sit down and discuss the specifics of your case and formulate a game plan that works best to fulfill your needs. We understand that no two clients let alone no two cases are the same. As such, we pride ourselves on being able to adapt our representation in order to fulfill our clients needs, whether that be a trial, motion practice or negotiating a favorable plea agreement. We serve all of Monmouth County, including towns like Holmdel, Middletown, Belmar, Long Branch, Freehold, Manalapan, Asbury Park, Wall Township, Ocean Township, Manasquan and Aberdeen. If you have any questions whatsoever, please do not hesitate to contact us.
Obtaining CDS by Fraud Charges in New Jersey : 2C:35-13
The crime of obtaining CDS by fraud falls under the drug section of the New Jersey criminal code (NJSA 2C:35). It in essence seeks to prosecute anyone who is alleged to have obtained or attempted to obtain, a controlled dangerous substance (CDS) by presenting a fraudulent prescription. NJSA 2C:35-13 is the specific statute that will cover this offense. It states in pertinent part that:
- It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance… by misrepresentation, fraud, forgery, deception or subterfuge.
The Does the Prosecutor Have to Prove for a Obtaining CDS by Fraud Charge in NJ?
- That the Defendant obtained CDS;
- The Defendant did so by:
- Deception; &
- In doing so, the Defendant acted knowingly.
How to Defended an Obtaining CDS by Fraud Case in Freehold NJ
In order to better understand these charges, it is crucial to understand what exactly the prosecution must prove. Misrepresentation has been defined as any false or incorrect explanation. Fraud has been defined as an intentional deception designed to cause a person to do something that they normally would not have done but for the fraud. Forgery has been defined as the intentional and unauthorized alteration, change, or transfer of any writing. Deception has been defined at the purposeful creation or reinforcement of a false impression. If you would like to speak to one of our Monmouth County criminal defense attorneys about your options, then please contact us at 732-858-6959. We are available immediately for a free initial consultation.
What is the Sentence for Obtaining CDS by Fraud in NJ?
Obtaining CDS by fraud is a third degree felony offense in New Jersey. If convicted, a Defendant would be facing five (5) years in a State Prison, a felony criminal drug conviction, a $50,000 fine and a six month loss of license. With that being said, New Jersey has created several different diversionary programs that a Defendant may be able to take advantage of. Those programs include the Pretrial Intervention Program (PTI) and Drug Court. If a Defendant is accepted into and they successfully complete the PTI program, they will be able to walk away from the charges without a criminal record.
Other Common Charges Associated with Obtaining CDS by Fraud Cases
By its very nature, obtaining CDS by fraud charges will typically involve the commission of other criminal offenses. Some of the other common crimes we see being charged alongside obtaining CDS by fraud charges in Monmouth County, include but are not limited too: possession of CDS, possession of prescription legend drugs, receiving stolen property, forgery and possession of CDS with the intent to distribute. The vast majority of these charges will be considered indictable offenses, so if an individual does happen to find themselves being charged with any of these ancillary offenses, these charges at well would need to be litigated in the Monmouth County Superior Court, which is located in Freehold.
Obtaining CDS by Fraud will Always be Considered a Felony in NJ
A violation of N.J.S.A. 2C:35-13, obtaining CDS by Fraud is classified as a indictable offense, which is New Jersey’s version of a felony. In fact, as previously stated, this offense is further classified as a third degree offense. That will be the case regardless of the type and the quantity of CDS actually obtained.
Need to Speak to a Middletown NJ Lawyer Regarding an Obtaining CDS Charge
If you have been arrested and charged with obtaining CDS by fraud, robbery, shoplifting, the possession of heroin with the intent to distribute or forgery in Monmouth County, the criminal defense lawyers at Keith Oliver Criminal Law can help. These are serious criminal charges and if they are not handled properly, they could drastically effect your life. If you would like to schedule a free initial consultation today, then please contact us at 732-858-6959. We appear in courts in towns throughout Monmouth County, including Keyport, Union Beach, Matawan, Marlboro, Brielle, Wall, Oceanport, Monmouth Beach, Little Silver, Sea Bright and Hazlet.