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

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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

Answers:

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

Answered 12 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

(cell).

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

Answered 12 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.


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