NJ Rohypnol (“Flunitrazepam”) Charges

NJ Rohypnol (“Flunitrazepam”) Charges

Rohypnol is the brand name for flunitrazepam, a central nervous system depressant. It is commonly referred to as a “date rape” drug due to its ability to sedate and incapacitate victims when used surreptitiously.

In the 1990s and early 2000s, Rohypnol became notorious for its use in sexual assaults. This led many states, including New Jersey, to enact laws specifically prohibiting possession and distribution of the drug even with a prescription.

Being charged with any offense involving Rohypnol or flunitrazepam in New Jersey can lead to severe criminal penalties. Hiring an experienced defense attorney is essential.

Rohypnol’s Classification as a CDS in New Jersey

Rohypnol is classified as a Schedule IV controlled dangerous substance (CDS) under New Jersey statute 24:21-5. Schedule IV encompasses CDS with a low potential for abuse and accepted medical usage.

However, Rohypnol is not approved for medical use in the United States. It is legally manufactured and prescribed in other countries as a short-term treatment for insomnia and anxiety.

Is Rohypnol Illegal to Possess in New Jersey?

Yes, it is illegal under N.J.S.A. 2C:35-10.5 for any person to knowingly obtain or possess Rohypnol in New Jersey without a valid prescription. There are no legal uses for the drug in the state.

Simple possession of any amount of Rohypnol is a disorderly persons offense punishable by up to 6 months in jail and a $1,000 fine.

Penalties for Illegally Distributing Rohypnol in NJ

The penalties for illegally distributing flunitrazepam are much more severe under statute 2C:35-5. Rohypnol distribution is a third-degree crime with penalties including:

• 3-5 years in New Jersey State Prison
• Fines up to $25,000
• 1-2 year driver’s license suspension

School zone distribution and employing minors increase penalties. Large quantity distribution can be charged as a first-degree offense.

Defenses to Rohypnol Charges in New Jersey

Despite the serious penalties, experienced criminal defense lawyers can often build effective defenses against flunitrazepam charges, such as:

• You did not knowingly possess Rohypnol
• The pills found were not actually Rohypnol
• Illegal search leading to discovery of the pills
• Someone else placed the Rohypnol in your possession
• Lack of intent to distribute

An assertive attorney can exploit flaws in the prosecution’s case, raise reasonable doubt over your guilt, and avoid a conviction. Never assume you have to plead guilty.

Should I Accept a Plea Deal or Go to Trial?

Your lawyer will advise if pleading guilty in exchange for reduced charges makes strategic sense based on the case specifics. For example, pleading guilty to attempted possession may be preferable to distribution charges.

But you should be reluctant to accept any plea that involves jail time. If your attorney sees viable chances of winning dismissal or acquittal at trial, that should be the top priority.

Can Rohypnol Charges be Expunged in New Jersey?

Yes, New Jersey allows expungement of most adult criminal convictions after 10 years, with some exceptions. The waiting period is only 5 years if the conviction was for a disorderly persons offense.

Successfully completing the expungement process removes Rohypnol arrests and convictions from your public record. An experienced attorney can guide you through the expungement process to restore your reputation.

Are Rohypnol Drug Tests Reliable?

Rohypnol can be difficult to accurately detect in common field drug tests. The short half-life and low dosage of pills often leads to false negative results. An attorney can challenge the reliability of any Rohypnol drug testing done in your case.

Conclusion

Defending against flunitrazepam charges in New Jersey requires an experienced criminal defense attorney. The penalties are severe even for simple possession. But viable defenses often exist that can lead to dismissal or acquittal.

Don’t assume you have to plead guilty and serve jail time. An aggressive lawyer can often get Rohypnol charges reduced or dismissed by exploiting flaws in the prosecution’s case and raising reasonable doubt over your guilt.

References

[1] New Jersey Statute 24:21-5

[2] NJ Court Rules on Attorney Conduct

[3] Rohypnol Charges Defense Attorney NJ