Elizabeth, NJ Opioids Possession Charge Attorney

Opioid addiction has become a serious challenge in New Jersey and across the United States. Opioids are a class of drugs that act as pain relievers. While some opioids are prescription medications, heroin is also classified as an opioid. In this context, we’ll focus on Schedule II prescription opioids. Prescription opioids such as Oxycodone (OxyContin & Percocet) and Hydrocodone (Vicodin) are the most common and prevalent drugs that are prescribed. Therefore, it is not unforeseen that these drugs are commonly some of the most abused prescription drugs. In addition to facing a opioid possession charge, you can also be facing a drug possession charge, drug distribution charge, heroin possession, and/or heroin distribution charge.  

If you or a loved one is facing an opioid possession charge in New Jersey, then you should speak with a qualified attorney immediately. If you’re seeking legal representation in New Jersey, particularly in the areas of drug charges, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the opioid possession charge in New Jersey, as well as some common defenses that may be available to you.

Definition of Illegal Possession of Opioids in New Jersey

Illegal possession of opioids in New Jersey is codified under NJSA 2C:35-10.5. Illegal possession of opioids typically refers to oxycodone (OxyContin & Percocet), hydrocodone (Vicodin), morphine, fentanyl, and codeine. The law of NJSA 2C:35-10.5 is broken up into many parts due the intent of the defendant, and the number of pills he/she has on their possession. 

For example, if a defendant who knowingly:

distributes or possesses or has under his control with intent to distribute a prescription legend drug or stramonium preparation in an amount of at least five but fewer than 100 dosage units unless lawfully prescribed or administered by a licensed physician, veterinarian, dentist or other practitioner authorized by law

As you can see, NJSA 2C:35-10.5 explicitly states that unless the opioids were lawfully prescribed or administered by a doctor, dentist, etc., then a person can face a possession of illegal opioid charge here in New Jersey. If you or a loved one is facing an illegal opioid possession charge in New Jersey, then please give our office a call today to discuss. 

Penalties for Possession of Opioids in New Jersey

The penalties for possessing opioids without a valid prescription vary based on the quantity of pills or doses involved:

1. 4 or Fewer Opioid Pills/Doses: Possession of 4 or fewer opioid pills/doses without a prescription is a fourth-degree crime (felony) in New Jersey. Conviction can result in a prison sentence of up to 18 months and a fine of up to $10,000.
2. Between 5 and 99 Opioid Pills/Doses: Possession of between 5 and 99 pills/doses is a third-degree crime with a sentence of up to 5 years in prison and a fine of up to $200,000.
3. 100 or More Opioid Pills/Doses: Possession of 100 or more pills/doses is a second-degree crime, carrying a potential prison term of up to 10 years and a fine of up to $300,000.

Consequences of Opioid Possession

• Criminal Record: Any person convicted of opioid possession in New Jersey will have a permanent criminal record. This can significantly impact employment opportunities, housing, and educational prospects. In addition to this, you can also have your driving privileges revoked for a period of time. 

Penalties for Illegal Sale/Distribution of Opioids

The penalties for selling or distributing opioids without authorization mirror those for possession:

1. Sale/Distribution of 4 or Fewer Doses: Fourth-degree crime with a maximum jail term of 18 months and a fine of up to $10,000.
2. Sale/Distribution of 5 to 99 Doses: Third-degree crime with a potential prison sentence of up to 5 years and a fine of up to $200,000.
3. Sale/Distribution of 100 or More Doses: Second-degree crime with a maximum prison term of 10 years and a fine of up to $300,000.

Common Prescription Opioids

Some of the most common prescription opioids include:

• Codeine
• Dilaudid
• Fentanyl
• Hydrocodone (including Vicodin)
• Methadone
• Morphine
• Oxycodone (including OxyContin and Percocet)
• Pethidine
• Roxicodone

Additional Charges Related to Opioid Use in NJ

Apart from possession and sale/distribution, other offenses related to opioids in New Jersey may include:

• Prescription Fraud: Obtaining opioids through fraudulent means. Obtaining opioids through fraudulent means (forgery/deception) is typically charged with a fourth degree crime. A fourth degree crime carries up to eighteen (18) months in jail and a $10,000 fine. 
• Recreational Use: Using opioids for recreational reasons and not due to sickness or injury. A person can be charged with a disorderly persons offense. This can carry up to six (6) months in jail and $1,000 fine.  
• Drug Paraphernalia Possession: Possessing items used for opioid consumption.
• Intent to Distribute: Evidence suggesting intent to sell opioids.

Remember, opioid abuse has serious consequences, and seeking professional help is crucial for those struggling with addiction. If you or someone you know is facing opioid-related charges, consult an experienced attorney to understand your legal rights and options. Contact our office today to discuss your possession of opioids charge in New Jersey. 

Defenses to Possession & Sale of Opioid Charge in New Jersey

There may be defenses to you or your loved ones opioid possession/sale charge here in New Jersey. Some of the common defenses for Opioids Possession and Sale in New Jersey are:

• Lack of knowledge or intent: A person can argue that they did not know or intend to possess or sell opioids, or that they had a valid prescription or authorization for the substance. For example, if someone borrowed a friend’s car and did not know that there were opioids in the glove compartment, they could claim lack of knowledge as a defense.

• Illegal search and seizure: A person can challenge the legality of the police search that led to the discovery of the opioids, or the arrest that followed. The Fourth Amendment to the U.S. Constitution and Article I, Paragraph 7 of the New Jersey State Constitution protect individuals from unreasonable searches and seizures by the government. This means that the police generally need a search warrant issued by a judge based on probable cause to search a person, a vehicle, a property, or a digital device, and to seize any evidence of a crime. However, there are some exceptions to the warrant requirement, such as consent, exigent circumstances, plain view, automobile, stop and frisk, and inventory. These exceptions allow the police to conduct a search and seizure without a warrant under certain conditions. If the police conduct a search and seizure without a warrant and without a valid exception, or if they exceed the scope of a valid warrant or exception, the search and seizure may be considered illegal. If the police violated the person’s constitutional rights, such as by conducting a search without a warrant or probable cause, or by using excessive force, the evidence of the opioids may be suppressed and the charges may be dismissed.
• Entrapment: A person can claim that they were induced or coerced by the police or an informant to possess or sell opioids, and that they would not have done so otherwise. For example, if an undercover officer pressured someone to sell opioids to them, or threatened them with violence or arrest if they did not, they could argue that they were entrapped.
• Insufficient evidence: A person can challenge the sufficiency and reliability of the evidence against them, such as the quantity and quality of the opioids, the testimony of witnesses, or the results of lab tests. If the evidence is weak, inconsistent, or inconclusive, the person may be able to raise reasonable doubt and avoid conviction.
• Flawed chemical drug tests: A person can challenge the sufficiency and reliability of the evidence against them, such as the results of lab tests that confirmed the presence of opioids. If the tests were not conducted properly, or the samples were contaminated or tampered with, the person may be able to raise reasonable doubt and avoid conviction.
• Chain of custody: A person can claim this defense for Opioids Possession and Sale in New Jersey. It refers to the process of documenting and preserving the evidence from the time it is seized until it is presented in court. A defense attorney can potentially challenge the chain of custody documents to get your drug charges dismissed. The State must be able to show when the drugs were seized, signed into the police station, and signed back out and taken to the State police lab for testing. If there is any gap, inconsistency, or error in the chain of custody, the evidence may be deemed unreliable or inadmissible. For example, if the drugs were not properly labeled, stored, or transported, or if they were contaminated or tampered with, the defense can argue that the drugs are not the same as the ones that were originally seized. This can create reasonable doubt and lead to an acquittal or a reduced charge.

These are some of the possible defenses for Opioids Possession and Sale in New Jersey, but there may be others depending on the specific facts and circumstances of the case. Contact our office today to discuss your oxycodone, hydrocodone opioid possession charge in New Jersey. 

Pretrial Intervention

Pre-trial intervention (PTI) is a program that provides alternatives to the traditional criminal justice process for first-time offenders. PTI can help you avoid a conviction and get counseling, supervision, and other services.

However, PTI is not guaranteed for anyone. You have to apply for it and meet certain criteria for admission. The court will review your application and decide whether to accept or reject it. Some factors that the court may consider are the nature of the offense, the impact on the victim, your criminal history, and your willingness to change.

If you are accepted into PTI, you will have to follow the conditions set by the court, such as random drug testing, community service, mental health and/or drug and alcohol evaluations, and compliance with treatment recommendations. You can be in the PTI program for up to 36 months. If you complete all the conditions, the charges against you will be dismissed and your criminal record will remain clean.

If you are facing a charge of opioids possession and sale in New Jersey (N.J.S.A. 2C:35-10.5), you should know that this is a serious offense that can carry harsh penalties, such as prison time and fines. The severity of the penalties depends on the amount of opioids involved and whether you were selling or distributing them. Opioids are a class of drugs that act as pain relievers, such as codeine, fentanyl, hydrocodone, methadone, morphine, oxycodone, and others.

If you are a first-time offender, you may qualify for PTI, but it is not a guarantee. You should talk to an attorney before applying. An attorney can help you understand your options, prepare your application, and represent you in court. An attorney can also help you negotiate a plea bargain or a reduced sentence if PTI is not available or advisable for your case. Contact our office today to discuss your oxycodone charge, hydrocodone charge, or any opioid charge here in New Jersey. 

Drug/Recovery Court

Drug court is a program that offers non-violent offenders with substance abuse problems the opportunity to receive treatment and supervision instead of prison. Drug court eligibility in New Jersey depends on several factors, such as the severity of the addiction, the criminal history, and the nature of the offense. According to the New Jersey Statutes Annotated (N.J.S.A.) 2C:35-14, a person may be eligible for drug court if they meet the following criteria:

• They are an adult (18 years or older).
• They are addicted to a controlled substance and need treatment.
• They are charged with or convicted of a crime that is not a crime of violence, a first-degree crime, or a second-degree crime involving public corruption or breach of public trust.
• They have not been previously convicted of a crime of violence, a first-degree crime, or a second-degree crime involving public corruption or breach of public trust.
• They have not been previously sentenced to drug court, unless they successfully completed the program or were terminated for reasons other than a new criminal charge or a violation of probation.
• They do not have any pending charges for a crime of violence, a first-degree crime, or a second-degree crime involving public corruption or breach of public trust.
• They are not subject to a presumption of imprisonment or a mandatory minimum term of imprisonment, unless the prosecutor waives the presumption or the mandatory term.
• They are not subject to deportation or removal from the United States as a result of the conviction or admission into the program.

Opioids Possession and Sale is a crime that falls under N.J.S.A. 2C:35-10.5, which establishes different degrees of offenses based on the type and amount of opioids involved. Depending on the circumstances, a person may be charged with a third-degree, second-degree, or first-degree crime for possessing or selling opioids. A third-degree crime carries a maximum sentence of five years in prison, a second-degree crime carries a maximum sentence of 10 years in prison, and a first-degree crime carries a maximum sentence of 20 years in prison.

Therefore, a person who is charged with or convicted of Opioids Possession and Sale may be eligible for drug court if they meet the other criteria listed above and if their offense is not a first-degree crime or a second-degree crime involving public corruption or breach of public trust. However, the final decision to admit a person into drug court is made by the judge, after considering the recommendation of the prosecutor and the defense attorney, and after conducting a clinical assessment and a legal screening of the applicant.

If you or someone you know is facing a charge of Opioids Possession and Sale and is interested in applying for drug court, you should consult with a qualified criminal defense attorney who can advise you on your options and represent you in court. Contact our office today to discuss your opioid possession and sale charge in New Jersey.

Frequently Asked Questions (FAQs) 

• Question: I have a valid prescription for my opioids, but they were not in the proper container, can I still be charged with opioid possession in New Jersey?
  • Answer: Yes, in New Jersey, the law states that a person who lawfully possesses a controlled dangerous substance prescribed or dispensed may only possess it in the container in which it was dispensed. If you’re found with a prescription drug not in its original container and cannot provide the necessary information when requested by law enforcement, you could potentially be charged with possession under N.J.S.A. 2C:35-24.
• Question: I gave one of my prescription drugs for free to a friend, can I be charged with distribution of opioids in New Jersey?
  • Answer: Yes, in New Jersey, the distribution of prescription drugs without a lawful prescription is considered illegal. According to the New Jersey Revised Statutes Section 2C:35-10.5, a person who knowingly distributes a prescription legend drug can be charged.
• Question: Will a background check reveal my conviction of an opioid possession charge in New Jersey?
  • Answer: Yes, in New Jersey, a background check would typically reveal a conviction of an opioid possession charge. The state provides fingerprint-based criminal history record checks through the New Jersey State Police, which would include any criminal convictions within the state. The severity of the penalties for opioid possession can vary depending on the amount possessed, and a conviction would result in a permanent criminal record, potentially affecting employment, housing, and education opportunities. 

Premier New Jersey Opioid Possession Charge Lawyer

There are many reasons why you should consider hiring Brett M. Rosen as your criminal defense attorney for your opioid possession charge in New Jersey. Here are some of them:

• He has extensive experience and knowledge in handling criminal cases, especially drug-related offenses. He has successfully defended clients against charges of possession, distribution, manufacturing, and trafficking of various controlled substances, including opioids.
• He has been recognized as one of the top criminal defense attorneys of 2023 by LA Weekly. He has also been selected to Thomson Reuters Super Lawyers Rising Stars list for five consecutive years, a recognition that only 2.5% of attorneys in New Jersey receive.
• He is passionate, dedicated, and assertive in representing his clients. He works tirelessly to investigate, analyze, and challenge the evidence against his clients. He also negotiates with the prosecutors and advocates for the best possible outcome, whether it is a dismissal, a plea bargain, or a trial.
• He is an advocate for mental health and well-being within the legal profession. He understands the stress and emotional toll that comes with facing a criminal charge and strives to support his clients both inside and outside the courtroom. He also has a keen interest in advancements in artificial intelligence and their impact on the legal industry.
• He offers free consultations and reasonable fees. He is committed to providing high-quality legal representation at an affordable cost. He also offers flexible payment plans and accepts credit cards.

If you are looking for a skilled, experienced, and compassionate criminal defense attorney to handle your opioid possession charge in New Jersey, you should contact Brett M. Rosen today. He will review your case, explain your options, and answer your questions. He will also fight for your rights and interests throughout the legal process. Don’t wait, call him now and let him help you with your case.