It was 14 pills and i brought them on the strreet. This is my first offence also.

UPDATED: Jun 5, 2009

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It was 14 pills and i brought them on the strreet. This is my first offence also.

Asked on June 5, 2009 under Criminal Law, New Jersey


Martin Matlaga / Martin D. Matlaga, Esq., LLC

Answered 13 years ago | Contributor

More information is needed. I assume you mean that you "bought" them on the street. I need to

know what the pills are, how they were packaged, the circumstances under which you were

stopped by the police, what you said to the police (if anything), etc. If this is your first offense

you may be able to make an application to Pretrial Intervention (PTI). Very importantly, I need to

know what you're being charged with. There's a big difference between straight possession and

possession with intent (I assume possession). Call me at (732)932-7226 (office) or (732)710-0004


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The law of New Jersey prohibits the unlawful possession of prescription drugs and pharmaceutical medication without a valid prescription issued by licensed physician, dentist or veterinarian.  N.J.S.A. 2C:35-10.5 (e) (2) provides that it is a "Fourth Degree Crime" to knowingly possess, actually or constructively, a prescription drug in an amount of five or more dosage units.  It is a disorderly persons offense to knowingly possess, actually or constructively, a prescription drug in an amount of four or fewer dosage units.

Since you had 14 pills, based on my reading of the statute, it appears that you are looking at a Fourth Degree Crime; the penalty for this is up to 18 months in prison and up to a $10,000 fine.

Since I'm not licensed in New Jersey, you really need to consult with an attorney in your area.  This is a criminal matter with severe consequences. 

However, the fact that this is your first offense will weigh heavily in your favor.  You might well be a candidate for some form of alternative sentencing.  Possibly "diversion" or the New Jersey equivalent.  This is a process involving probation; and it could possibly leave you with a chance to "expunge" (clean) your record.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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