Doctor and pharmacist hit with drug charge involving oxycodone

It’s generally inappropriate for a prosecutor to comment on the merits of a criminal case or to give opinions regarding the accused’s guilt prior to a legal determination of guilt. Unfortunately, in New Jersey and other parts of the country, some prosecutors do not strictly comply with the contours of that admonition. Authorities in New Jersey recently accompanied the arrest of a medical doctor and a pharmacist on a conspiracy and drug charge with public pronouncements aggressively criticizing the activities of the two.

While reference was made to the presumption of innocence, the net impact of the statements could potentially raise a drug crime defense asserting pre-trial prejudice against the two accused men. They were arrested for allegedly engaging in a conspiracy to sell and distribute a controlled dangerous substance, i.e., the addictive painkiller oxycodone. Prosecutors charge that the doctor wrote prescriptions to individuals who were not examined or treated or – in some cases – that he never saw at all.

The pharmacist is charged with dispensing oxycodone pills to persons who did not have a prescription or who he knew did not have a valid prescription. It is also charged that the doctor would at times write prescriptions to cover oxycodone that was dispensed by the pharmacist without a prescription. Authorities allege that the doctor prescribed oxycodone in his office to confidential informants on several occasions, and that he did not treat or examine them. Under New Jersey law, the second-degree crimes charged carry a sentence of 5 to 10 years in state prison if a conviction is ultimately obtained.

The case has been assigned to Morris County – the accused men will appear there at a later date for arraignment. With respect to a prosecution in New Jersey or elsewhere, it’s important to keep in mind that drug charge accusations are not evidence and that the prosecution must prove guilt in court beyond a reasonable doubt. It’s possible that a jury may not be convinced that the prosecution’s case is sufficient to establish guilt beyond a reasonable doubt. An accused may want to go to trial and present a drug crime defense, but that is something that can only be decided after a thorough investigation and an evaluation of the totality of the evidence.

Source: newjerseyhills.com, “Grand jury indicts former Madison councilman, a physician, on drug charges,” Feb. 22, 2013