Legal Question in Criminal Law in Minnesota

Arresting Charges

The police came to my house and arrested me for prescription forgery on probable cause. When I went in front of the judge I found out that they are charging me with a 5th degree controlled substance because the prescrtiption presumed to be altered was for Klonipan a drug (Narcotic). So now I am being charged with a crime worse then what I was arrested for. Is this legal? I don't think this is fair and don't know what to do?


Asked on 8/18/08, 4:39 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Arresting Charges

Thank you for your post. I am afraid that you were charged with a fifth degree felony. The charge can always be amended if there is probable cause to suport the charge.

As a result, it is an extremely serious offense which may result in jail time. Additionally, a cojnviction may forever taint your record making it impossible to work in the health care field or to find employment in any field where background checks are performed.

An aggressive defense is advisable. Often, with an aggressive defense, on a first offense, an agreement can be reached to stay prosecution for a defined period of time based on certain conditions which may include attending treatment.

I have over 17 years of experience in handling such matters.

For a FREE consultation call 612.240.8005 or visit online at criminal-law.tv.

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Answered on 8/19/08, 9:04 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Arresting Charges

Police are not authorized by law to charge crimes; only prosecuting attorneys are. When police arrest someone with "[name of crime] -probable casue" that label means the police believe there is "probable cause" to believe the person committed [name of crime], but only the prosecutor can file a Complaint charging a felony, after reviewing the police investigation.

The part about "what to do" is clear. Retain the best criminal defense lawyer you can, as soon as possible. This could help prevent a lifetime of negative consequences. Call me if you'd like to discuss this. I have over 20 years experience helping people with legal problems like this.

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Answered on 8/19/08, 11:11 am


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