Blog
NJ Valium Charges
Contents
- 1 NJ Valium Charges
- 1.1 Valium Possession Penalties in New Jersey
- 1.2 Valium Distribution Charges in New Jersey
- 1.3 Forging Valium Prescriptions in New Jersey
- 1.4 Hiring an Experienced Valium Charges Lawyer in NJ
- 1.5 Fighting Valium Charges in New Jersey Courts
- 1.6 Should I Accept a Plea Deal or Go to Trial?
- 1.7 Are Valium Charges Difficult to Defend Against?
- 1.8 Should I Admit the Valium Was Mine to Avoid Distribution Charges?
- 1.9 Conclusion
NJ Valium Charges
Being charged with a Valium-related offense in New Jersey can result in criminal prosecution and penalties if convicted. Valium, also known as diazepam, is a controlled dangerous substance under New Jersey law.
Charges involving Valium run the gamut from illegal possession, distribution, and possession with intent to distribute, to crimes relating to forging prescriptions to illegally obtain the drug. Any conviction also brings a permanent criminal record.
So if you have been arrested for a Valium-related charge in New Jersey, it is essential to retain an experienced criminal defense attorney immediately. An aggressive lawyer can often get charges reduced or even dismissed by exploiting flaws in the prosecution’s case.
Valium Possession Penalties in New Jersey
Under statute 2C:35-10.5, knowingly possessing Valium without a valid prescription is a disorderly persons offense punishable by up to 6 months in jail and a fine up to $1,000. However, possession of larger amounts can trigger more serious charges.
Valium Distribution Charges in New Jersey
Distributing or possessing with intent to distribute Valium illegally is a third-degree crime under 2C:35-5. Potential penalties include 3-5 years in prison and fines up to $25,000. Distribution near schools or parks increases penalties.
Forging Valium Prescriptions in New Jersey
Under statute 2C:21-1, knowingly forging a prescription in order to illegally obtain controlled substances like Valium is a third-degree crime. This also carries 3-5 years in prison if convicted.
Hiring an Experienced Valium Charges Lawyer in NJ
Given the serious penalties, it is critical to retain legal counsel experienced specifically in defending NJ drug charges. Look for a lawyer who:
- Focuses on NJ prescription drug crime defense
- Has represented Valium charges defendants before
- Is familiar with local prosecutors and judges
- Has a track record of successful case results
Don’t take chances on the first attorney you find. Thoroughly vet drug crimes lawyers to find the best one to fight your Valium charges aggressively.
Fighting Valium Charges in New Jersey Courts
There are various strategies an experienced lawyer can use to attack Valium charges, such as:
- File a motion to suppress evidence due to an illegal search
- Dispute whether the pills found were actually Valium
- Challenge if there was actual or constructive possession established
- Raise doubt about knowledge of the Valium
- Allege police misconduct or defective testing procedures
An assertive attorney will leave no stone unturned in undermining the prosecution’s case and exposing reasonable doubt over your guilt.
Should I Accept a Plea Deal or Go to Trial?
Your attorney will advise if pleading guilty in exchange for a lesser penalty makes strategic sense based on the specifics of your case. For example, a plea to the disorderly persons offense of attempted possession may be preferable to trial.
However, you should be reluctant to accept any plea that involves jail time. If your lawyer sees viable chances of getting charges dismissed pre-trial or winning a full acquittal at trial, that should be the top priority.
Are Valium Charges Difficult to Defend Against?
These cases can certainly present challenges, but an experienced lawyer can still instill reasonable doubt. Some examples of potential weaknesses:
- Illegal search leading to discovery of pills
- Lack of direct evidence tying you to the Valium
- Unreliable drug testing procedures
- Credibility issues with police witnesses
Before losing hope, discuss the specifics of your case with a defense lawyer. There may be more ways to fight than you think.
Should I Admit the Valium Was Mine to Avoid Distribution Charges?
No, you should never admit to anything when questioned by police if facing possible Valium charges. Simple possession and distribution both carry multi-year prison terms. An attorney may be able to get both charges dropped or reduced.
Let your lawyer handle negotiations with prosecutors. Any statements made without counsel present could be used to incriminate you and hurt your defense down the road.
Conclusion
Defending against Valium charges in New Jersey is difficult but not hopeless. An aggressive criminal defense lawyer can often get allegations reduced or dismissed by exploiting flaws in the prosecution’s case.
Don’t assume you have to plead guilty and serve years in prison. Fight back. With an experienced attorney highlighting deficiencies in the state’s evidence, you have strong chances of acquittal or conviction on a lesser offense.
While the penalties seem harsh, viable defenses frequently exist. Protect your future through zealous legal representation – it’s your best weapon against devastating Valium convictions.
References
[1] New Jersey Statute 2C:35-10.5
[2] NJ Court Rules on Attorney Conduct