Charges for Illegal Possession and Use of Prescription Drugs in New Jersey

Using prescription drugs without a valid prescription from a certified doctor is a crime. You may be charged with illegal possession, use and distribution of prescription drugs.

Charges for Illegal Possession of Prescription Drugs in NJ

Theft of prescription drugs, prescription drug possession, forgery or distribution of prescription drugs are drug offenses in NJ.

Theft of prescription drug pads: If a person steals prescription drug pads, he/she may be charged with a drug offense in New Jersey. These crimes are third degree crimes, and may result in 5 years of jail and fines exceeding $100,000.

Prescription drug possession: Possession of a prescription drug in large amounts, without a valid prescription, is a fourth degree crime in New Jersey.

Prescription drug forgery: Obtaining a prescription drug by forgery is a drug offense. Prescription drug forgery is a third degree crime in New Jersey.

Prescription drug distribution: A person who distributes a prescription drug without a valid license can be charged with drug possession and distribution. Distributing prescription drugs for financial gain is a fourth degree crime.

Criminal Defense Lawyer in New Jersey

Contact The Law Offices of Joel Silberman, LLC for help with your prescription drug crime case. Attorney Joel Silberman is a criminal defense lawyer in New Jersey. Call 201-273-7070, Toll Free No: 800-889-3129 or you can also Email at joel@joelsilbermanlaw.com or Visit at http://www.joelsilbermanlaw.com/

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

For original source of the article visit at http://www.joelsilbermanlaw.com/charges-for-illegal-possession-and-use-of-prescription-drugs-in-new-jersey/

Federal Sentencing Guidelines for Drug Possession

The American government has been serious in its anti-drug crusade ever since the 1970s. This was just after the excesses of the 60s when society was just coming to terms with the darker side of drug addiction. A federal drug charge is a serious criminal matter. Crimes under federal law can carry more preponderant penalization than under state law, with numerous sentence enhancing factors and no possibility of parole. They require a great deal of review and preparation.

If you are apprehended or charged with a federal drug crime, be it distribution, manufacture, or possession, it is important to call an experienced federal defense attorney experienced with representing drug cases in your state. Drug trafficking incurs harsh penalties predicated on federal law makes it illicit to intentionally or knowingly distribute controlled drug substances such as marijuana, cocaine, methamphetamine, oxycodone, heroin or crack.

Punishments

Punishment for a federal drug crime is determined by the Federal Sentencing Guidelines, a complex system that takes into account and gives weight to various factors of the case and the accused. The two primary factors are the conduct associated with the offense and the defendant's prior criminal history, if any.

The punishment for drug possession depends on the amount seized. There are indispensable minimums set by the federal statutes governing drug malefactions, though prosecutors may seek any sentencing up to the maximum penalty possible or a sentence within the Federal Sentencing Guidelines - that is where the importance of legal representation comes in. The general sentence of 10 years to life will be given for one or more kilograms of heroin, 10 or more grams for Lysergic Acid Diethylamide (LSD), 1,000 or more kilograms of marijuana, 5 or more kilograms of cocaine, and 50 or more grams of methamphetamine.

 Factors

The Federal Sentencing Guidelines for drug trafficking impose both minimum and maximum penalties for those convicted of a drug trafficking crime. Factors that influence penalties for drug possession – aside from indispensable minimum sentences – include the defendant's past record, the amount and type of drug. Some states have efficaciously decriminalized possession of marijuana, making it a simple infraction (not unlike a traffic ticket), while possession of crack cocaine once carried the most astringent penalties in most states. Depending on a given state's sentencing rules, judges have a certain degree of discretion and can impose sentences ranging from fines, community service and probation to lengthy prison sentences.

If you are dealing with a drug offense in New Jersey, then contact Joel Silberman. He assists individuals who have been convicted with a drug offense in federal court.

Contact Details

Phone No: (201)-273-7070
Toll Free:  (800)-889-3129
E-mail: joel@joelsilbermanlaw.com

Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.
Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.

Consequences of DUI

DUI/DWI is not just a routine traffic violation. Driving under the influence is treated as a serious criminal offense. Because, drinking and driving may lead to severe accidents that may leave people with serious injuries and sometimes take away lives.

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New Jersey DUI

DWI defense attorney from Jersey City, Mr. Joel Silberman¹ tells-“New Jersey has extremely tough laws for Driving Under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take a Breathalyzer Test.  By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating affect on a person’s career and family responsibilities.”(Ref: The Law Offices Joel Silberman, LLC, http://www.joelsilbermanlaw.com/our-practice/dui-dwi-a-refusal/)

DUI and DWI both refer to the act of operating a motor vehicle under the influence of alcohol or other substances.

DUI/DWI Penalties

• Temporary impounding of your vehicle
• A fine of up to several thousand dollars
• Installation of an ignition lock that prevents your car from starting if you've been drinking
• Probation
• Possible jail time
• Revocation of your driver's license
• Community service
• Completion of substance abuse classes at your own expense

If you are a repeated offender or involved in an accident then the penalties increase substantially.

You may be charged with a felony

New York criminal defense lawyer,  Mr. Paul D. Petrus, Jr.², If you have previously been convicted of a DWI in New York in the last 10 years, you may be charged and convicted of a felony DWI. (Ref: The Law Offices of Paul D. Petrus Jr. & Associates P.C., http://www.petruslaw.com/practiceareas/dwi/)

If you have multiple prior convictions or if someone is injured in the accident, you may be charged with felony. If the accident resulted in a death, you can be charged with manslaughter or which can lead to imprisonment for years.

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1. Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.

2. Paul D. Petrus, Jr.: 

Mr. Paul D. Petrus Jr. is a member of the New York State Bar Association and New York Association of Criminal Defense Lawyers. He is a practicing New York criminal defense attorney. Mr. Petrus works in federal and state courts. If you are looking for a Criminal Lawyer in NY, call Paul D. Petrus Jr. at 212.385.1961 / 212.564.2440 or you can e-mail at paul@petruslaw.com. Office is located at the Empire State Building, 350 Fifth Avenue, Suite 3601, New York, NY 10118. Visit http://www.petruslaw.com/ for more information.

New Jersey Court Upholds the use of Alcotest

On 18^th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.

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Alcohol breath test which was suspended in 2006 came back into scene in 2008. Once again this time, the question over its reliability has been raised. But on 18^th September, the state Supreme Court has passed the verdict that New Jersey can continue to use Alcotest, an alcohol breath test in drunken driving cases. More than a decade ago, Breathalyzer machines were replaced by Alcotest.

In 2006, use of Alcotest was halted, but a 2008 Supreme Court decision called the test “generally scientifically reliable” and allowed it to be used, with some modifications.

This time defense lawyers claimed that the state didn’t comply with the 2008 order to revise the software on the machines and to create a searchable database of test results.

On 18^th September, Justice Jaynee LaVecchia wrote that Alcotest “remains scientifically reliable, and generates results that are admissible” to prove a driving-under-the-influence-of-alcohol violation. The challengers were not able to prove that the state “willfully refused to comply” with the court’s 2008 order.

Order passed in 2008 mandated several software modifications and required the state to create a database which could be accessed by defendants and attorneys. According to defense lawyers the database which state created was merely a collection of data that couldn’t be easily searched, but the court said that the database was “fully in compliance” with the order.

Deputy Attorney General Robyn Mitchell also told the justices that New Jersey has already started looking into a new breath test and as it would take some time to sync up with the current database, by the end of 2016 the current machines will get replaced with the new ones.

DUI Defense attorney Jersey City, Joel Silberman says, “New Jersey has extremely tough laws for Driving under the Influence (“DUI”), Driving While Intoxicated (“DWI”) and Refusing to take an alcohol breath Test.  By Statute, even first time offenders are subject to a mandatory loss of license and potential jail sentences. These consequences can have a devastating effect on a person’s career and family responsibilities.” (Ref: The Law Office of Jole Silberman, LLC,http://www.joelsilbermanlaw.com/our-practice/dui-dwi-a-refusal/)

Another required modification from the 2008 order pertained to women over age 60, who frequently aren’t capable of reaching the minimum breath volume of 1.5 liters. No woman over 60 can now be charged with refusing a breath test if Alcotest readings are the only evidence.

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Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.

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Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visithttp://www.joelsilbermanlaw.com/ for more information.

Drug Possession Charges and Penalties

If you were arrested because the police found drugs on your person, in your vehicle, in your home, in your personal property, then you may be charged with drug possession. Drug offenses can be prosecuted in either the state or federal courts.

Defense Attorney Jersey City

 

As an experienced drug defense attorney, Joel Silberman¹ tells you-“The Federal and local authorities in New Jersey spend significant energy arresting and prosecuting those they suspect are using and distributing illegal narcotics. These charges are often enhanced if the prosecution alleges that the offense took place near a school, park or public housing complex. If you have been arrested or charged with drug related offenses you need to speak with Drug attorney as soon as possible.”(The Law Offices of Joelsilberman, LLC Ref: http://www.joelsilbermanlaw.com/our-practice/drug-offenses/)

Charges and Penalties for Drug Offenses:

The punishment that you face for drug possession will vary depending upon what type of drug that was found, and how much of it there was.


For example, the penalties for possessing less than 20 grams of marijuana will be far less serious than possessing more than 10 grams of a controlled substance such as cocaine or heroin. The difference between the two above examples is up to one year in a county jail for the marijuana charge versus up to thirty years in prison for the heroin or cocaine charge.


In addition to the above controlled substances, a person can be charged with possession if they have prescription painkillers or stimulants without a valid prescription. Some of the drugs in this category include: oxycodone, vicodin and xanax to name a few. This is one offense that a lot of average people commit without being aware of the criminal consequences. A person cannot take their friends prescription medication, or a spouse's, or a family member's because it was not prescribed to them by a licensed medical doctor.


If a person is convicted of a drug possession crime, he or she may be required to attend a drug diversionary program, they may get probation, and in a severe case they may have to serve time in a state or federal prison. Furthermore, a conviction for possession will also result in administrative penalties as well, meaning that the individual will have his or her driver's license suspended by the Florida Department of Motor Vehicles for up to two full years.

Criminal Defense Attorney NY

Criminal attorney New York, Mr. Paul D. Petrus Jr.² tells “In 2009, judges were able to have more discretion in sentencing. Judges have been able to send more offenders to treatment programs, instead of prison, without having to get consent from the prosecutor. Unfortunately, New York still has some of the country’s toughest drug laws. An experienced criminal defense attorney can help you.” (The Law Offices of Paul D. Petrus, Jr. and Associates, P.C Ref: http://www.petruslaw.com/practiceareas/drugs/)


The most advantageous thing that somebody can do after being arrested for a drug possession crime is obtain their own private attorney right away. Working with a lawyer will give you the greatest opportunity to avoid a lengthy prison term.

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1. Joel Silberman: 
Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at joel@joelsilbermanlaw.com. Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit http://www.joelsilbermanlaw.com/ for more information.


2. Paul D. Petrus, Jr.: 
Mr. Paul D. Petrus Jr. is a member of the New York State Bar Association and New York Association of Criminal Defense Lawyers. He is a practicing New York criminal defense attorney. Mr. Petrus works in federal and state courts. If you are looking for a Criminal Lawyer in NY, call Paul D. Petrus Jr. at 212.385.1961 or you can e-mail at paul@petruslaw.com. Office is located at the Empire State Building, 350 Fifth Avenue, Suite 3601, New York, NY 10118. Visit http://www.petruslaw.com/ for more information.