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Prescription Fraud Defense Attorney

Former prosecutor, now fighting for you.

New Jersey Criminal Defense and DUI attorney
who knows how to navigate the local courts.

Former State Prosecutor and Criminal Trial Attorney

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

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Prescription Fraud Lawyer in Atlantic City, NJ


Although NJ prosecutors recognize that prescription drug abuse is a growing problem in New Jersey, they rarely take the steps needed to address the root of the problem. Instead of offering help to substance abusers who may be suffering from addiction, they try to impose maximum punishments and send offenders to prison. Speaking with a qualified lawyer is not just about fighting your prescription drug charges; it’s about taking the first step to getting better.

John W. Tumelty is a former prosecutor and Atlantic City criminal defense lawyer who defends clients against all kinds of drug charges, including simple possession of marijuana, possession of illegal prescription medications, and prescription fraud. Mr. Tumelty has a proven track record of successfully defending clients throughout South Jersey, including Cape May and Atlantic counties. He has successfully filed motions to suppress evidence in drug cases because the police conducted unlawful searches and seizures and failed to obtain proper search warrants. He understands that this is the most important thing happening in your life right now, which is why he will work tirelessly on your behalf to secure the best possible result.

How Severe Are the Punishments for Prescription Drug Offenses in New Jersey?

In recognition of the serious health consequences posed by prescription drugs, New Jersey law enforcement and prosecutors are cracking down on prescription drug offenses. Some of the most common prescription drugs that can result in criminal charges include:

  • Adderall
  • Diazepam or Valium
  • Methadone
  • Percocet
  • Ritalin
  • OxyContin
  • Suboxone
  • Vicodin
  • Xanax

Whether you were arrested for possession of painkillers, sleeping pills, cough syrups, or even allergy medication, the consequences can be severe. As set forth by N.J.S.A. 2C:35-10.5, it is against the law to carry prescription drugs without a valid prescription.Basically, a person must obtain a valid prescription from a doctor and that prescription must be filled by a licensed pharmacist. If you are convicted of possession of prescription drugs, the penalties will depend upon the quantity of drugs. The punishments range from six months in county jail for four pills to 10 years in NJ State Prison for 100 or more dosage units. Additionally, all drug convictions in NJ result in mandatory driver’s license suspension, with the potential to lose your license for as long as two years.

A related charge is prescription fraud, which is addressed by N.J.S.A. 2C:35-13. You cannot use misrepresentation, fraud, forgery, deception or subterfuge to obtain possession of pharmaceuticals.This can include theft of prescription drug pads, stealing prescription drugs, buying prescription drugs from an unauthorized dealer, or having someone else fill a prescription on your behalf. Prescription fraud is classified as a third degree crime, punishable by three to five years in state prison and a fine of up to $50,000. You can also be charged with a theft crime, which carries additional penalties.

Skilled Attorney Provides Legal Defense for Prescription Fraud Charges in Cape May and Atlantic Counties

If you’ve been charged with a prescription drug offense, an experienced attorney who possesses knowledge of the legal landscape in South Jersey can help you. Depending upon the circumstances of your arrest, a skilled attorney may be able to contest the search & seizure techniques used by police in your case.

The Law Offices of John W. Tumelty is prepared to do everything possible to help you beat your prescription drug charges. That’s because John Tumelty passionately believes that every client has a right to a strong defense. Whether it involves fighting your charges in court or securing your admission into a diversionary program, Mr. Tumelty will do what is necessary to keep you out of prison and help you avoid a drug conviction on your permanent record. Call or email today to schedule a free consultation at one of the firm’s office locations in  Marmora and Somers Point, NJ.

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