Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for over 30 years

Available 24/7

609.345.3300

RECENT DWI & CRIMINAL DEFENSE RESULTS

STATE v. HENDRICKS — NEW JERSEY MURDER TRIAL — “NOT GUILTY” VERDICT

Mr. Tumelty represented Helena Hendricks, who was charged with first degree murder in Atlantic County Superior Court. The defendant faced a number of additional charges, including armed robbery, conspiracy and possession of a handgun for an unlawful purpose. At the conclusion of a jury trial that lasted three weeks, the defendant was found “not guilty” of all charges.

Former State Prosecutor

Former Atlantic County Prosecutor

Certified Criminal Trial Attorney

Experienced for Over 30 years

Other areas we serve

Questions You Should Always Ask Before Hiring an Attorney

Hiring a criminal defense attorney to handle your case can be a daunting task. It takes time, research and an ample amount of effort to find a fitting attorney who could handle your case. But once you’ve narrowed down your search, it is important to meet your prospective attorneys and ask a few very important…Continue Reading

Drugged Driving vs. Drunk Driving

Driving under the influence of drugs and driving drunk are among the most dangerous things a person could do. Because of this, the penalties related to either charge are both high and extensive. When determining whether a person is drunk, common sobriety tests are administered like breathalyzer tests and and more. But for drugged driving,…Continue Reading

When Can a Mistrial Occur?

According to the United States Constitution, any person who faces criminal charges has a right to a trial by jury. This is one of the many inalienable rights people have as American citizens. A criminal conviction can only occur if a jury finds the defendant guilty and issues the verdict. If a jury is not…Continue Reading

Skilled New Jersey Defense Attorney Represents Clients Accused of Prescription Drug Offenses in Atlantic City


If you’ve been arrested and charged with a drug crime such as possession of illegal prescription medications or prescription fraud, you need to understand the severity of drug crime charges in New Jersey. Do not fall victim to the mistaken belief that prescription drug offenses are treated less seriously than offenses that involve marijuana, cocaine, heroin, or other “hard” drugs. In many cases, the penalties for illegal prescription drugs are just as significant as the penalties for marijuana, cocaine, and heroin.

A knowledgeable attorney can help you through this matter and ensure that your rights are protected at every step of the legal process. Contact John W. Tumelty, founding partner of the Law Offices of John W. Tumelty. He is a former state prosecutor and a former assistant county prosecutor who prosecuted major drug crimes in South Jersey. Now he defends clients against a variety of drug crime charges, including possession of illegal prescription medications, prescription fraud, simple possession of marijuana, and possession of drug paraphernalia. You can rely on him to help you fight your prescription drug charges in NJ.

How Severe Are the Prescription Drug Penalties in New Jersey?

Prescription drugs are classified as controlled dangerous substances (CDS) in New Jersey. This means that the State of New Jersey recognizes the serious health risks posed by prescription drugs. Whether you’ve been arrested for illegal possession of painkillers, cough syrups, sleeping pills, antidepressants, or allergy medication, the penalties can be significant. Some of the most commonly used prescription drugs that can result in criminal charges in New Jersey include:

  • Adderall
  • Ambien
  • Codeine
  • Hydrocodone
  • Methadone
  • Morphine
  • Oxycodone
  • OxyContin
  • Percocet
  • Ritalin
  • Roxicontin
  • Suboxone
  • Valium
  • Vicodin
  • Xanax

NJ Drug Laws are Complex; Mr. Tumelty Will Explain the Facts

The heavy regulation of these and other prescription legend drugs has resulted in significant penalties at both the federal and state levels. In New Jersey, possession of prescription drugs is governed by N.J.S.A. 2C:35-10.5. Here are the facts:

  1. The statute explicitly prohibits a person from carrying certain prescription drugs without a valid prescription.
  2. By law, only licensed physicians, dentists, veterinarians, and pharmacists may possess or distribute these drugs.
  3. If you are caught in possession of prescription drugs but without a valid prescription from a doctor, you can be arrested and potentially charged with a felony drug offense.

The penalties for possession of prescription drugs vary, depending upon the amount of drugs. Mr. Tumelty appears in courtrooms throughout Atlantic County and Cape May County on a daily basis, placing him in direct contact with local prosecutors and judges. He is your best defense when it comes to fighting your prescription drug charges.

If you are the parent of a minor who has been arrested for possession of prescription drugs, you need to take into consideration the adverse impact that a drug crime conviction can have on your child’s future. A drug crime conviction on your child’s permanent record can make it extremely difficult for them to gain admittance into school or secure a job later in life.

What are the Penalties for Prescription Fraud in New Jersey?

NJ law prohibits a person from using fraud, forgery, deception, misrepresentation, or subterfuge to obtain prescription drugs. It is against the law to forge prescriptions, alter prescriptions, or engage in “doctor shopping” by attempting to obtain multiple prescriptions from different doctors. N.J.S.A. 2C:35-13 classifies prescription fraud as a third degree felony. This means that the penalties for prescription fraud in New Jersey may include a term of incarceration of between three and five years in state prison, as well as a fine of up to $50,000. These severe penalties can apply even if you are charged with trying to have someone else fill a prescription on your behalf.

Experienced New Jersey Prescription Fraud Lawyer Fights for Your Legal Rights and Helps You Avoid Significant Drug Crime Penalties

Since painkillers tend to be extremely powerful, it is very easy for a person who has been legally prescribed a pain medication to become addicted. Unfortunately, many NJ prosecutors do not always make allowances for situations in which prescription drug possession was motivated by addiction. That’s why you need a skilled local criminal defense lawyer who is capable of persuading the court that you do not deserve to go to jail.

Mr. Tumelty is a knowledgeable and experienced lawyer whose entire practice is devoted to criminal defense and DWI defense. He has a track record of success in securing acquittals or dismissals for clients accused of prescription drug crimes in South Jersey, including Cape May and Atlantic counties. He has also helped numerous clients avoid prison by gaining admission into alternative sentencing programs that allow the clients to receive drug treatment and counseling instead of the most severe penalties. Contact Mr. Tumelty anytime to discuss your charges, or you can fill out the online contact form to schedule an appointment at his conveniently located Marmora or Somers Point office.

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Atlantic County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1 S. NEW YORK AVENUE, SUITE 212
ATLANTIC CITY, NJ 08401

609.345.3300

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1616 PACIFIC AVENUE, SUITE 318
ATLANTIC CITY, NJ 08401

609.385.4010

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
1555 ZION ROAD, SUITE 203
NORTHFIELD, NJ 08225

609.435.1435

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786

Areas We Serve

Atlantic County Offices

Cape May County Offices

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
539 SOUTH SHORE ROAD
MARMORA, NJ 08223

609.390.4600 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
3318 SIMPSON AVENUE
OCEAN CITY, NJ 08226

609.385.4221 Get Directions

ATTORNEY JOHN W. TUMELTY
CRIMINAL DEFENSE LAWYER
100 E RIO GRANDE AVE
WILDWOOD, NJ 08260

609.277.2786 Get Directions

Seasoned criminal defense lawyer John W. Tumelty has three conveniently located offices in Atlantic City, Somers Point and Marmora, NJ. He serves clients in Atlantic, Ocean, Gloucester and Cape May counties and the Jersey Shore, including: Absecon, Atlantic City, Avalon, Cape May, Dennis Township, Egg Harbor Township, Galloway Township, Hamilton Township, Hammonton, Linwood, Lower Township, Margate, Middle Township, Northfield, Ocean City, Pleasantville, Sea Isle City, Somers Point, Stone Harbor, Upper Township, Ventnor and Wildwood.