Drug Offenses

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 201-420-1913.


Classification of Drugs in New Jersey

Illegal possession of drugs is a crime in New Jersey. Drugs are classified into several categories based on their likelihood to lead to negative activities or bad health.

Classification of Drugs

Schedule I: Drugs that are not used in the medical field fall under Schedule I. Drugs like heroin, marijuana, mescaline and peyote come under this category.

Schedule II: Any drug that is an opiate or contains coca is Schedule II. Use of these drugs can lead to mental problems and addiction.

Schedule III: Schedule III drugs can be used for medical purposes, but excess use of these drugs can lead to mental and physical dependency. Drugs like amphetamine and ketamine are in this category.

Schedule IV: Even excessive use of some medical drugs may lead to low level dependency. Such drugs, such as Barbital, fall under Schedule IV.

Schedule V: Schedule V drugs have medical uses and limited danger of physical dependence when compared to other categories. Codeine is a Schedule V drug.

Drug Offense Attorney in New Jersey

If you are involved in a drug offense, then you need to contact a drug offense attorney. Attorney Joel Silberman can handle a wide range of drug-related offenses. He will defend your rights and fight to dismiss or reduce your charges. Call 201-420-1913 for a consultation with Attorney Joel Silberman.



Two Texas men arrested with 21 kilos of cocaine in Jersey City plead guilty

Two Texas men found with 21 kilos of cocaine by New Jersey State Police in Jersey City pleaded guilty in Hudson County Superior Court today and will be spared potentially far longer sentences had they gone to trial and been convicted.

Jorge Avalo, 45, and Luis Hernandez, 42, both pleaded guilty to possession with intent to distribute more than five ounces of cocaine this afternoon before Hudson County Superior Court Judge Mitzy Galis-Menendez. According to their plea deals, both men will face 10 years in state prison with no chance of parole until after serving three years.

Both men pleaded guilty to a first degree crime and had they been convicted on the charge at trial they would have faces up to 20 years in prison with no chance of parole until after serving 10 years.

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Federal Government Changes Course on Drug Sentencing


On August 12, 2013, the Justice Department drastically altered their policy on mandatory minimum sentences for low-level drug cases. Specifically, the Federal government has ordered Federal Prosecutors to omit listing the quantities of illegal narcotics on indictments for “low-level” offenders. This change in direction is intended to ease the overcrowding in so many Federal prisons. It remains to be seen how this policy will be implemented by Federal Prosecutors around the country. However, it is a critical piece of information that Federal criminal defense attorney’s must be mindful of when dealing with drug related cases in our nations Federal courts.


Sentencing Guidelines for New Jersey Drug Cases – “The Brimage Guidelines”

IIn 1998, the Supreme Court of New Jersey decided the landmark case of State v. Brimage, 153 N.J. 1 (1998). The Brimage case established guidelines to regulate a defendant’s exposure to a mandatory minimum term of imprisonment for certain drug related offenses. The Brimage case also established an analysis that every Prosecutor in the State of New Jersey must use in order to formulate a plea offer for certain drug related offenses.

Given the extreme sentencing exposure associated with drug related offenses in New Jersey it is critical that you hire an experienced criminal defense attorney to defend your case and protect your rights. Many prosecutors and judges fail to recognize that although the Brimage guidelines are extremely tough on drug offenses they also offer multiple exceptions. Some of these exceptions include those for first time offenders or for those that have a prior record that is not drug related. Other possible exceptions or alternatives include drug court.

It is critical that all these details be examined carefully to ensure your rights and freedom are not violated. If you have been charged with a drug related offense please contact Joel Silberman today for a free consultation and a review of your case.


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