Will I go to jail for a first-time opioid possession charge?

Many first-time offenders avoid jail through Pre-Trial Intervention (PTI). If you qualify and complete the program successfully, your charges get dismissed entirely with no conviction. Even without PTI, judges have discretion in sentencing for third-degree possession charges. First-time offenders sometimes receive probation instead of prison, especially if they enter treatment and demonstrate commitment to staying clean or properly managing pain. Much depends on factors like the quantity of pills, whether there are aggravating circumstances like school zone charges, your criminal history, and whether you accept responsibility and seek help. The key is having experienced lawyers who present your case effectively and negotiate for alternatives to prison.

Can I be charged for pills that were prescribed to someone else?

Yes, absolutely. Possessing prescription opioids that aren't prescribed to you is illegal in New Jersey. Many people don't realize this until they're arrested. They think borrowing a few pills from a family member's prescription is harmless. But prosecutors charge it as possession of a controlled dangerous substance, a third-degree crime carrying up to five years in prison. If you shared your prescribed opioids with someone else, you can technically face distribution charges. New Jersey law doesn't distinguish between selling pills and giving them away. Any transfer to another person counts as distribution.

Can addiction help me avoid jail or get treatment instead of conviction?

Addiction can help you access treatment-focused alternatives to jail, but you need to present it strategically. Pre-Trial Intervention (PTI) is more accessible for people struggling with addiction and facing charges for the first time. Courts want to help people who genuinely want treatment rather than just punishing them. Showing you recognize your addiction and are committed to recovery makes you a stronger PTI candidate. Drug Court programs in some counties provide intensive treatment supervision as an alternative to traditional prosecution. You complete treatment, attend regular court appearances, submit to frequent testing, and work toward recovery. Successfully completing drug court often results in reduced or dismissed charges.

Camili & Capo, PA/

Drug Charges/

Opioid Charges

New Jersey Opioid Charge Lawyer

Why Hire Top-Rated Opioid Charges Attorneys, Camili & Capo, PA, To Handle Your Case

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Opioid Offense Attorney in Totowa, NJ, Specializing in Cases Involving Prescription and Illegal Opioids

You might be trying to manage pain or dependency, and suddenly you're facing serious opioid charges and wondering how everything fell apart. Our New Jersey opioid charge lawyer understands what's at stake.

These charges don't have to end everything. Our firm regularly defends people facing opioid-related charges, often reducing or eliminating the charges. The prosecution must prove their case beyond a reasonable doubt. Our job is making sure they can't.

Facing Criminal Charges And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.

Situations That Can Lead to Opioid Charges in New Jersey

Simple possession is the most common charge.

If police find prescription opioids on you without a valid prescription in your name, you face charges. It doesn't matter if you got them from a friend, bought them online, or had an old prescription that expired. Without a current, valid prescription in your name, possession is illegal.

You don’t need the opioids in your own name to be charged. Prosecutors often rely on constructive possession. You can face charges even if the pills are in someone else's prescription bottle.

Distribution charges can trigger without actual sales. Prosecutors look at circumstantial evidence:

Multiple pill bottles
Large quantities
Text messages that could suggest dealing

Sharing your prescribed opioids with friends or family members technically counts as distribution under New Jersey law.

Opioid charges in New Jersey cover a range of prescription painkillers and synthetic opioids:

Oxycodone
Hydrocodone
Morphine
Vicodin
Percocet

Here's one common situation that leads to charges.

Someone gets injured, receives a legitimate opioid prescription, becomes dependent, and continues using after the prescription runs out.

They might buy pills from friends, use a family member's prescription, or doctor shop for more. Then they get pulled over for a minor traffic violation, and police find pills during a search. Suddenly, they're facing third-degree drug charges. They need experienced New Jersey drug charge attorneys.

Consequences of an Opioid Conviction in New Jersey

Without a valid prescription, opioid possession becomes a third-degree crime.

You're staring down five years in state prison and fines up to $35,000.
Your driver's license gets suspended for six months to two years. The crazy part? You don't have to be driving to lose it. New Jersey suspends licenses for every drug conviction.

Distribution charges carry harsher penalties:

Less than one ounce is a third-degree crime with three to five years in prison and fines up to $75,000.
Larger amounts trigger second-degree charges with five to 10 years in prison.
Very large quantities mean first-degree charges with 10 to 20 years and mandatory minimum sentences

Beyond the penalties, your life gets destroyed in other ways.

An opioid conviction often leads to ongoing challenges with employment, housing, and everyday stability.

Immigration consequences for non-citizens can mean deportation. Child custody battles become nightmares as family courts view drug convictions as evidence of unfitness.

Defense Strategies Our New Jersey Opioid Charge Lawyer Might Use to Protect You

An effective opioid defense always depends on the specific facts and details surrounding the case.

But we can show you where we can look for weaknesses that can get charges reduced or dismissed.

Challenging an Illegal Traffic Stop, Search, or Prescription Seizure

Most opioid cases start with traffic stops or home searches.

An illegal stop can wipe out everything that followed. The pills they seized can become inadmissible evidence. What you said can't be used against you. The prosecution's case falls apart.

We dig into why the officer claims he pulled you over. We review dashcam and body camera footage looking for inconsistencies between the officer's report and what actually happened.

Officers often claim they smelled marijuana or saw suspicious movements. These vague observations rarely hold up under cross-examination. We challenge them.

For searches, we scrutinize whether police had legal authority. If they had a warrant, was it based on reliable information? Did it properly describe the place to be searched? Was it executed correctly? Any defect invalidates the search.

If we prove the stop or search was illegal, the judge can suppress the pill evidence. Without the pills, the prosecution has no case.

Contesting Lab Results and Pill Counts

Opioid cases often hinge on lab work, and we examine every step for errors or inconsistencies. Any break in the chain of custody creates reasonable doubt about whether the pills tested are the same pills seized from you.

We can examine who handled the evidence and when. Was it properly labeled, sealed, and stored? Were there opportunities for contamination or mix-ups? Crime labs handle thousands of samples. Mistakes happen.

Pill counts matter too. Prosecutors charge based on quantity. If police claim they found 100 pills but only 80 were actually there, that affects the charges. We verify pill counts and challenge discrepancies.

If lab results are questionable or the chain of custody is broken, we file motions to suppress the evidence. Without valid lab results, the prosecution can't prove their case.

How we help you depends on your case's specific facts. Every opioid charge involves different circumstances and opportunities for defense.

Discuss your case with us. Our New Jersey opioid charge lawyer can build a defense strategy to protect your freedom and future.

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“Great attorney to hire he took care of my expungement for a very reasonable price he was quick efficient very honest and easy to work with. He was referred to me by a family member anyone looking for a good lawyer that's honest and trustworthy I would recommend Camili & Capo.”
Josephen “Thod” Moslieha
★★★★★
“Mr K. Camili great attorney and very professional. All cases was dismissed and great communication with him and his staff. I would recommend him 5 stars.”
Makaela Diaz

Why People Facing Opioid Charges Choose Camili & Capo, PA, for Defense

Krenar Camili went to law school without any family in the legal world. Nobody to show him the ropes. Being first meant creating his own path from scratch. He clerked for judges to learn how courtrooms actually operated.

After clerking, Krenar made a strategic decision. He joined the prosecutor's office and spent over seven years prosecuting controlled dangerous substance cases, including opioid prosecutions. He learned the prosecutor playbook completely. What evidence they needed. What arguments judges found convincing. Where cases became vulnerable.

Krenar excelled as a prosecutor. He became one of the most successful in his county, trying case after case.

But something didn't sit right. He saw person after person come through facing opioid charges. Many started with legitimate prescriptions for real injuries. The pain didn't stop when the prescription ran out. Dependency had already taken hold. What started as medical treatment became criminal charges. The system didn't care about that context.

Krenar realized he could make a bigger difference defending people. Folks facing opioid charges often need help, not just punishment.

Camili & Capo's advantage is Krenar's prosecutor experience. He understands what prosecutors need to prove their cases because he built those cases himself. He knows what arguments persuade judges because he's made them from both sides. He recognizes where cases crack under pressure.

This firm doesn't exist to process cases quickly. It exists because Krenar believes excellent defense work changes lives. When you're facing opioid charges, your decisions now determine your entire future.

Discuss your case with us today. Whether you're facing possession or distribution charges, our opioid offense attorney in Totowa, NJ, can help.

Contact Our New Jersey Opioid Charge Lawyer at Camili & Capo, PA, Today for a Free Consultation

We believe something the system ignores: addiction and chronic pain aren't cured by punishment. Prison doesn't address dependency. It doesn't treat pain. It makes everything worse.

We defend you aggressively while helping you build a path forward. Let's talk about what you're facing and how we can protect your future.

For help from an opioid charge lawyer in New Jersey, contact the Camili & Capo, PA, firm online or call today.

Criminal Defense Locations Served

Bergen County Criminal Defense
Essex County Criminal Defense
Hudson County Criminal Defense
Middlesex County Criminal Defense
- East Brunswick Criminal Defense
- New Brunswick Criminal Defense
Morris County Criminal Defense
Passaic County Criminal Defense

Frequently Asked Questions About Facing Opioid Charges in New Jersey

Many first-time offenders avoid jail through Pre-Trial Intervention (PTI). If you qualify and complete the program successfully, your charges get dismissed entirely with no conviction.
Even without PTI, judges have discretion in sentencing for third-degree possession charges. First-time offenders sometimes receive probation instead of prison, especially if they enter treatment and demonstrate commitment to staying clean or properly managing pain.
Much depends on factors like the quantity of pills, whether there are aggravating circumstances like school zone charges, your criminal history, and whether you accept responsibility and seek help.
The key is having experienced lawyers who present your case effectively and negotiate for alternatives to prison.
Yes, absolutely. Possessing prescription opioids that aren't prescribed to you is illegal in New Jersey.
Many people don't realize this until they're arrested. They think borrowing a few pills from a family member's prescription is harmless. But prosecutors charge it as possession of a controlled dangerous substance, a third-degree crime carrying up to five years in prison.
If you shared your prescribed opioids with someone else, you can technically face distribution charges. New Jersey law doesn't distinguish between selling pills and giving them away. Any transfer to another person counts as distribution.
Addiction can help you access treatment-focused alternatives to jail, but you need to present it strategically.
Pre-Trial Intervention (PTI) is more accessible for people struggling with addiction and facing charges for the first time. Courts want to help people who genuinely want treatment rather than just punishing them. Showing you recognize your addiction and are committed to recovery makes you a stronger PTI candidate.
Drug Court programs in some counties provide intensive treatment supervision as an alternative to traditional prosecution. You complete treatment, attend regular court appearances, submit to frequent testing, and work toward recovery. Successfully completing drug court often results in reduced or dismissed charges.