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DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25285
Experience:  Attorney
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I am a Bergen County NJ resident wondering what the penalty

Resolved Question:

I am a Bergen County NJ resident wondering what the penalty would for filing a false police report to obtain narcotic prescription from a licenced physician? I have no prior record.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  DCrane Law replied 8 years ago.
Filing a false police report is a misdemeanor and is punishable by a fine not to exceed $250
Customer: replied 8 years ago.

Is jail time an possibility due to the nature of the false report being related to a controlled substance?

Expert:  DCrane Law replied 8 years ago.
No, because you need not disclose the association between the two.
Customer: replied 8 years ago.
My concern is that the summons clearly states such. It notes violation of 2c:35-13 ( which i believe to be obtaining prescription drug by fruad).
Expert:  DCrane Law replied 8 years ago.
Thank you for the additional infomration. The violation does not appear to be filing a falose report then, but you are charged under the following:

It shall be unlawful for any person to acquire or obtain possession of a controlled dangerous substance or controlled substance analog by misrepresentation, fraud, forgery, deception or subterfuge. It shall be unlawful for any person to acquire or obtain possession of a forged or fraudulent certificate of destruction required pursuant to N.J.S.2C:35-21. A violation of this section shall be a crime of the third degree except that, notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine of up to $50,000.00 may be imposed. Nothing in this section shall be deemed to preclude or limit a prosecution for theft as defined in chapter 20 of this title.

This crime is punishable by 3-5 years in prison.
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