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Union County NJ Criminal Defense Lawyers

Over 100 Year of Combined Experience

Former County & Municipal Prosecutors



Obtaining CDS By Fraud

Elizabeth NJ Obtaining CDS by Fraud Attorneys

All you need to do is briefly review the New Jersey Criminal Model Jury Charge under N.J.S.A. 2C:35-13 and immediately recognize the seriousness of an obtaining a controlled dangerous substance (“CDS”) by fraud offense. The violation results in a third degree crime that can result in as much as five (5) years in prison and the situation is often further complicated by  companion charges of theft by deception, forgery and the like. Our lawyers are extremely familiar with this offense and adapt in defending this charge at the Union County Superior Court in Elizabeth, as well as the addiction issues that are often involved in these cases. These cases have unfortunately become commonplace for the eight defense attorneys at Marshall Bonus Proetta & Oliver who defend these charges throughout the county, including in Elizabeth, Cranford, Rahway, Linden, Hillside and Union. We are prepared to utilize all of our knowledge and skill, including years as prosecutors, to accomplish what is necessary in order to get you the best outcome possible. Call us anytime 24/7 at 908-272-1700 for a free consultation with an attorney in our Union NJ Office.

Charged With Obtaining CDS By Fraud Law Under N.J.S.A. 2C:35-13

N.J.S.A. 2C:35-12 is directed at a wide variety of conduct including misrepresentation regarding the authenticity, dosage or quantity on a prescription, impersonation of a patient or fictitious individual, or physician shopping to obtain duplicate medication. While there is absolutely no doubt that tactics such as these to obtain prescription drugs like oxycontin, hydrocodone and other opiates are on the rise, there is also greater sophistication on the part of pharmacies, doctors, insurers, and police in detecting fraud and forgery. The high number of deaths from ingestion of drugs/medication/pharmaceuticals obtained through fraud, especially opiate pain medications like oxycodone, hydrocodone, and roxycodone, has also resulted in prosecutors taking a hard line when someone is charged with this offense. The approach is even more aggressive when the fraud is committed in order to illegally distribute drugs.

If you believe you have been charged with obtaining cds by fraud, the best way to confirm that this is the case is by reviewing the criminal complaint that was issued against you. The document should include allegations that your conduct was in violation of N.J.S.A. 2C:35-13. This law provides that:

2C:35-13. Obtaining by Fraud.

It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.

To convict an individual under 2C:35-13, the prosecutor must prove, beyond reasonable doubt, that the accused attempted or obtained possession of CDS and that he/she engaged in  misrepresentation, fraud, forgery, deception, or subterfuge in the process.

It is a third Unioncountydegree crime in New Jersey for a person to acquire or obtain possession of a controlled dangerous substance by misrepresentation, fraud, forgery, deception or subterfuge. In terms of penalties, a fine of up to fifty thousand dollars ($50,000) may be imposed, which represents a significant enhancement from the standard limit of fifteen thousand dollars ($15,000).  The penalties also include a term of incarceration in state prison of up to five (5) years.

Union Township NJ Obtaining CDS by Fraud Defense Lawyers

The defense lawyers at Marshall Bonus Proetta & Oliver have been providing aggressive representation throughout Union County, including at the Elizabeth Superior Court, for over twenty-five (25) years now. In fact, the collective experience of the attorneys on staff exceeds 100 years, including significant time serving as prosecutors. We put all of the knowledge and skill acquired over these years into force in defending cds fraud charges in Westfield, Roselle, Plainfield, Clark or Summit. Call us for a free case review and to learn your best options for avoiding a conviction and/or many of the penalties that apply for obtaining CDS by fraud. An attorney is available immediately to assist you at 908-272-1700.