New Jersey Oxycontin Charges
NJ Defense Lawyers for Oxycodone Possession and Intent to Distribute
Doctors prescribe Oxycontin, the brand name version of oxycodone, to patients who are dealing with a considerable amount of pain. Depending on the patient, doctors prescribe Oxycontin extended-release tablets and extended-release capsules to patients who need treatment for chronic pain. Oxycodone is a type of opiate, and it works by changing the brain and nervous system. Taking this powerful prescription drug will fundamentally alter your response to discomfort. New Jersey has enacted legislation to combat the opiate problem throughout the state and the county.
According to the 2013 National Survey on Drug Use and Health, people aged 18-25 were more likely to report abusing oxycodone (9.9%) compared to 6% of people 26 and older. Oxycodone’s chemical nature and similarity to heroin often leads abusers to heroin and other drugs. As a result, a patient can only obtain Oxycontin from a licensed physician through a valid prescription. Due to its high tendency for abuse, it is illegal for anyone to receive the drug outside the standard parameters in New Jersey. Police and prosecutors throughout the state aggressively prosecute drug offenders for Oxycontin possession, distribution, and intent to distribute. Similarly, people are charged on a regular basis with crimes committed to obtain “Oxy,” including prescription forgery and fraud. If you have been arrested for Oxycontin charges in New Jersey, you need to find an experienced attorney who can devise the most effective defense.
At The Tormey Law Firm, our highly skilled New Jersey criminal defense lawyers fight charges for Oxycontin and Oxycondone, as well as other prescription drugs, in courts across the state. We have multiple offices to better serve clients in all of New Jersey’s counties and we are available to assist you anytime. Simply call (201)-556-1570 for a free consultation or contact us online today.
What are the Penalties for Oyxcontin in NJ?
If a person has a lawful prescription for Oxycontin, the individual is entitled to own and possess the controlled substance in New Jersey. Although Oxycontin is a legal drug with a valid prescription from a licensed physician, the drug’s nature – brain and nervous system rewiring in response to pain – makes it highly addictive. For this very reason, Oxycodone/Oxycontin is a Schedule II controlled dangerous substance (CDS), which means New Jersey has recognized it as a material with a high potential for abuse. Some NJ laws penalize individuals who commit Oxycontin-related offenses, such as:
- Maintaining Oxycodone outside the pharmaceutical container – if an individual keeps the prescription drug outside the designated container, they could be guilty of a disorderly persons offense, which could include a $1,000 fine and possible jail time of up to 6-months;
- Distributing four or fewer Oxycontin pills – if an individual has an intent to distribute and is in possession of four or fewer oxycodone pills, they could be guilty of a fourth degree offense, which includes a possible $10,000 fine and jail time of up to 18-months;
- Distributing between 5 and 99 pills of Oxycontin – an individual with intent and possession could be convicted of a third degree offense, which includes a possible $200,000 fine and jail time of up to five-years;
- Distributing more than 99 Oxycontin units or pills – a person with intent and possession could be convicted of a second degree offense, which includes a possible $300,000 fine and jail time of up to ten years
Can I get a DUI with Oxycontin?
Under New Jersey law, a doctor must advise their patients that they must not operate any heavy machinery under the influence of some prescription painkillers. Oxycontin – a painkiller that in excess could cause extreme sleepiness, unconsciousness, constricted pupils, uncontrolled vomiting, slowed or shallow breathing, cessation of respiration, or death – can impair drivers while under the influence. Therefore, depending on the severity, New Jersey Statute has created different penalties for driving under the influence of Oxycontin and other opiates.
Police officers cannot reasonably suspect that a driver of a motor-vehicle has possession of Oxycontin. However, if an officer suspects that an operator is driving under the influence of a drug or alcohol, then they may stop the driver at any time. Most law enforcement officers that suspect a driver’s impairment conduct tests to determine sobriety. The most the officer can test for is alcohol level in the body is by a breathalyzer and multiple field sobriety tests, such as one-legged stands, finger to nose movements, and walking a straight line. However, an officer cannot conclusively determine if an impaired driver is under the influence of other substances other than alcohol. Therefore, the police will usually dispatch a Drug Recognition Expert (DRE) to determine the presence of other influencers of impairment. The DRE will ask questions about drug history, examine for physical symptoms, and conduct other tests to determine the presence of any drug that could suppress the central nervous system. They may also request that you submit to a urine test to determine the presence of a controlled dangerous substance.
I was charged with Oxycontin in New Jersey. What should I do?
When you are facing prescription drug charges for Oxycontin possession, intent to distribute, or another offense in New Jersey, having an experienced criminal defense lawyer on your side can truly spell the difference between a positive and negative outcome. The highly skilled NJ criminal defense attorneys at The Tormey Law Firm work tirelessly to deliver the best possible results to clients in Bergen County, Essex County, Morris County, Passaic County, Hudson County, and across the state. For a free consultation about your Oxycontin charges in NJ, don’t delay in calling (201)-556-1570.