Downgraded to Ordinance – Forgery & Prescription Fraud

Drug Charges

Theft & Fraud Charges

We defended a client charged with multiple indictable crimes: two counts of forgery (N.J.S.A. 2C:21-1), receiving stolen property (N.J.S.A. 2C:20-7), possession of prescription drugs (N.J.S.A. 2C:35-10.5d) and identity theft (N.J.S.A. 2C:21-7). The State alleged she used stolen prescription pad blanks and forged a doctor’s signature to obtain prescription drugs from a pharmacy under a false name.

Because the charges were serious, the case went to Superior Court and the County Prosecutor’s Office. We notified the prosecutor of our representation, requested the evidence, and prepared our client for the real possibility of state prison given the charges and her prior record. After its initial screening, the prosecutor’s office downgraded the charges to disorderly persons offenses and sent the case back to municipal court.

How We Won in Municipal Court

In municipal court we served the prosecutor with an extensive discovery request listing the evidence the State would need to prove its case. The State failed to produce several items, including the pharmacy surveillance video used to identify our client. We argued that, because of these gaps, the State could not prove the charges. The prosecutor agreed to amend the final charge to a township ordinance violation, punishable only by a fine, and dismissed every remaining criminal charge.

Result: Felony charges downgraded and dismissed; final charge amended to a township ordinance with a fine only. Our client went from facing a possible felony conviction and state prison to no criminal record and no jail.

State v. J.E., decided July 5, 2017.