Prescription Fraud Attorney in Monmouth County

Key Defense and Diversion Strategies

Our firm's primary focus is to defeat the State's case or secure a diversionary program that bypasses conviction and incarceration, allowing the client to clear their record.

Challenging the Elements of Fraud

A prescription fraud attorney in Monmouth County can challenge the prosecution's ability to prove the knowing use of deceit:

• Lack of Knowledge/Mistake of Fact: Arguing that the client genuinely believed the prescription was valid, or that they were unaware of the forgery/alteration. For example, if the script was passed to the client by a friend or acquaintance who committed the forgery.
• Challenging the Mens Rea: Showing that the client did not have the intent to deceive, which is a required component of fraud and misrepresentation.
• Illegal Search and Seizure: Challenging the methods used by police to obtain the forged prescription, any subsequent confessions, or the seizure of the controlled substances. If constitutional rights were violated, the evidence is suppressed, often leading to a dismissal.

Diversionary Programs

For first-time offenders facing a Third Degree Crime, our firm aggressively pursues two non-conviction pathways:

• Pretrial Intervention (PTI): This is a probationary program lasting 1 to 3 years. Successful completion leads to the dismissal of all charges, allowing the client to later expunge the arrest and avoid a permanent criminal record.
• Drug Court: For cases linked to addiction, Drug Court provides intensive probation, supervision, and mandatory treatment in lieu of a prison sentence, focusing on rehabilitation.

the Legal Process for Prescription Fraud in Monmouth County

Most people have never faced criminal charges before and feel anxious about what the system will require of them. 

In Monmouth County, understanding each phase of the process empowers you to act with confidence and prepare for what comes next:

• Arrest & Initial Appearance: After local police investigate, you may be arrested and booked. New Jersey law requires you to appear before a judge soon after your arrest, where you will hear the formal charges.
• First Court Date: At your initial appearance, the judge discusses bail, explains your rights and appoints counsel if needed, and sets the tone for your defense moving forward.
• Discovery & Pretrial: The state and defense must share evidence, so you and your attorney can review all reports, digital records, and key documents tied to your prescription fraud case.
• Hearings & Negotiations: Your attorney advocates for you during all pretrial hearings—challenging questionable evidence, raising procedural issues, or discussing options with the court and prosecutor.
• Resolution or Trial: Many cases resolve before trial, but our attorneys will also prepare for the courtroom—ready to present your story if you decide to move forward to trial.

Local Court Procedures & Timing

Monmouth County courts use a case management schedule that may affect how quickly your case moves. Some issues, like motions or diversion program assessments, may lead to additional hearings or time between steps. 

Our legal team stays in close communication so you always know where you stand and what comes next. By anticipating delays or court scheduling changes, we help you plan your defense without unnecessary surprises.

Local experience benefits you greatly in Monmouth County drug offenses. We work within the system daily, giving us practical insight on how judges interpret statutes, what matters to local prosecutors, and what alternatives may be realistic in these cases. This local perspective is invaluable when weighing your defense strategy or considering programs unique to the area.

Protect your record from a felony drug conviction. Contact a Monmouth County prescription fraud lawyer at (848) 207-2709 or fill out our online contact form.