Morris County Possession and Distribution of Ritalin Attorney
Prescription Drug Defense Lawyer with Offices in Morristown, NJ
Ritalin (or sometimes known as “Rids,” “Smarties,” or “Uppers,”) is used lawfully to treat disorders such as, Attention Deficit Hyperactivity Disorder and Narcolepsy (a sleep disorder that causes excessive daytime sleepiness and sudden attacks of sleep). Unlawful Possession of Ritalin is a serious crime under New Jersey Criminal code. If you or you loved one is convicted, they could face serious jail time, heavy fines, and lengthy suspension of your driving privileges. Just having five (5) Ritalin pills on your person is a Indictable/felony offense with a potential jail time of 18 months. The Tormey Law Firm has represented countless clients charged with Ritalin possession and intent to distribute Ritalin, so we have the advanced defense strategies needed to secure a win in your drug case.
The criminal defense attorneys at the Tormey Law Firm have successfully handled thousands of cases in New Jersey, in Superior Court and Municipal Court. Travis J. Tormey, the firm’s founding partner, has been known to travel to four counties in one day to handle cases. His extensive experience has taught him how to see issues others miss. Mr. Tormey focuses his practice solely on criminal defense and has represented hundreds of clients charged with Drug offenses, including Possession of Ritalin, Cocaine Possession, and Possession of CDS in a Motor Vehicle.
The Tormey Law Firm has obtained many positive results for countless clients charged with drug offenses in Morris County NJ. We are available at 866-949-6948 to assist you immediately, or you can use the online contact form.
N.J.S.A. 2C:35-10.5 Ritalin a Prescription Drug
Ritalin is actually brand name of the drug called Methylphenidate, which classified as a central nervous system (CNS) stimulant. Ritalin modifies chemicals within the human brain to increase focus, energy, and control body movements of the user. All crimes related to the Possession, Possession With Intent to Distribute, and Distribution of Prescription Drugs are addressed by N.J.S.A. 2C:35-10.5, which sets forth:
a. A person who knowingly:
- distributes (sells) a prescription drug in an amount of four or fewer units (pills) is a disorderly person;
- distributes (sells) OR possesses with intent to distribute a prescription drug in an amount of four or fewer units (pills) is guilty of a crime of the fourth degree;
- distributes (sells) OR possesses with intent to distribute a prescription drug in an amount of at least five but fewer than 100 units (pills) is guilty of a crime of the third degree;NOTE: A fine of up to $200,000 may be imposed for a conviction under this subsection
- distributes (sells) OR possesses with intent to distribute a prescription drug in an amount of 100 or more units (pills) is guilty of a crime of the second degree.NOTE: A fine of up to $300,000 may be imposed for a conviction under this subsection
b. A person who uses any prescription drug other than as prescribed is a disorderly person.
c. A defendant may be convicted for a violation of subsection b. if he manifests symptoms or reactions caused by the use of ANY prescription drug.
d. A person who obtains or attempts to obtain possession of a prescription drug by forgery or deception is guilty of a crime of the fourth degree.
e. A person who knowingly possesses, actually or constructively:
- a prescription drug in an amount of four or fewer units (pills) is a disorderly person;
- a prescription drug in an amount of five or more units (pills) is guilty of a crime of the fourth degree.
Indictable Offenses: Ritalin Possession & Distribution Sentence
A crime of the second degree is punishable by a period of incarceration between five (5) and 10 years in NJ State Prison. There are also mandatory financial penalties associated with a second degree drug conviction, including a $2,000 Drug Enforcement Demand Reduction (DEDR) penalty and a $50 laboratory fee.
A crime of the third degree is punishable by a period of incarceration between three (3) and five (5) years in New Jersey State Prison. There are also mandatory financial penalties associated with a Third Degree drug conviction, including a $1,000 DEDR penalty and a $50 laboratory fee.
A crime of the fourth degree is punishable by a period of incarceration of up to 18 months in state prison. There are also mandatory financial penalties associated with a Fourth Degree drug conviction, including a $750 DEDR penalty and a $50 laboratory fee.
Disorderly Persons Offense: Ritalin Possession
A disorderly persons offense is not considered a “crime” in the State of New Jersey, but is still punishable by a period of up to six (6) months in the county jail. There are also mandatory financial penalties associated with a disorderly persons drug conviction, including a $500 DEDR penalty and a $50 laboratory fee.
Disorderly Persons Offense: Failure to Turn Over Ritalin to a Police Officer
Another related charge is failure to turn over Ritalin to a law enforcement officer. As set forth by N.J.S.A. 2C:35-10(c), failing to turn over drugs to police is a disorderly persons offense. Many times, this will be a downgraded charge that prosecutors use in a Ritalin case. If convicted of this charge, you could face up to six (6) months in the county jail, a $1,000 fine, and suspension of your driver’s license for at least six (6) months.
Contact a Washington Twp. Ritalin Lawyers for a Free Consultation
There are defenses available to a Ritalin possession charge. Our drug defense lawyers will examine the circumstances of your arrest and the police search. If the search was conducted illegally, then the entire case against you could be thrown out. Additionally, if you have been arrested on Ritalin possession charges, you may be eligible for a diversionary program such as the Pre-Trial Intervention (PTI) program or the conditional discharge program, depending on your prior record and the degree of your charges.
The Tormey Law Firm has obtained many positive results for countless clients charged with Drug offenses in Morris County NJ. We are available at 866-949-6948 for a free consultation, or you can use the online contact form.