In 2017, the Governor of New Jersey signed a bill into law which limited most initial prescriptions of pain-killing opioids like Vicodin to five days. This law is generally considered to be the strictest in the United States. This indicates how serious New Jersey lawmakers consider opioid abuse to be. This 2017 law applies to improper use, possession and distribution of opioids. Opioid-related charges and penalties in NJ typically include:

• Possession of opioids without a valid prescription: This is a fourth-degree offense when you were found to be in possession of up to four dosages (pills or other units) illegally. It is a third-degree offense for five to 99 doses, and a second-degree crime for possession of more than 100.

• Illegal distribution: This includes selling and/or giving legally-obtained opioids to a third party. Distribution charges mimic oxycodone possession charges. They progress in degree and harshness according to the number of doses distributed.

• Obtaining opioids through deception, fraud, or misrepresentation: This is a third-degree criminal offense. This charge could be levied for

  • using a prescription written for someone else;

  • forging an oxycodone prescription, such as on a stolen prescription form or pad or

  • obtaining a prescription under a false identity.

• Possession or distributing large quantity of opioids: This is considered to be the most serious charge. It is a second-degree offense punishable by between five and ten years in jail and up to $300,000 in monetary fines. A third-degree offense is punishable by between three and five years in jail and up to $200,000 in fines. A fourth-degree offense exposes an individual to up to eighteen months in jail and up to $10,000 in monetary fines.

How to get a Distribution or Possession Charge Dismissed

If you are facing a possession charge, there are a few ways to get it dismissed and it is important to consider the various legal defenses. Here are four strategies that could potentially lead to a dismissal:

1. Challenge the Legality of the Search: The Fourth Amendment protects individuals from unreasonable searches and seizures. If the search that led to the discovery of drugs was conducted unlawfully, the evidence may be not allowed at trial.

2. Dispute the Possession: If the State can’t prove, beyond a reasonable doubt, that you had actual and constructive possession of the drugs, the case may be dismissed. Actual possession means the drugs were found on your person or in an area exclusively under your control, while constructive possession applies when drugs are found in an area controlled by multiple individuals. We can challenge the state’s ability to prove your intent to control those drugs.

3. Question the Substance’s Legality: The prosecution must establish that the substance in question is an illegal drug. Usually, a certified lab report is used as evidence, but you can challenge the report by raising timely objections and questioning the lab’s procedures or findings. If the validity of the lab report is undermined, it could lead to a dismissal of the case. Raise

4. Discovery Violations or Entrapment: You have the right to access all evidence held by the prosecution. If the prosecution fails to provide you with all of the evidence to be used against you, your case may be dismissed. Additionally, if you can demonstrate that you were entrapped by the police, or that you were coerced into committing a crime that you would have never committed, entrapment may serve as a viable defense.

5. Recovery Court: In many cases, recovery court may be a good option to have your narcotics case dismissed. Not only does completing recovery court dismiss your charges but also expunges your entire record.

Distribution and Possession of Opiods offenses vary greatly between the quantity and the facts surrounding the case. You need an attorney that has experience with all of them. Contact the Law Offices of Ravi Shah, LLC. for a free consultation. Our legal team will diligently work with you to prepare quality legal strategies to get you the best possible outcome. Contact us today.