Legal Question in Criminal Law in Minnesota

If a minor is found under the influence of a prescription drug that is not prescribed to them and they admit to taking it. Can they be charged with possession even though they were not found in possession of any drugs just under the influence from it?


Asked on 1/07/16, 9:04 am

3 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

People are charged with crimes they did not infact commit, sometimes, yes. But the prosecution would face problems of proof. Hopefully, the target of the investigation will now reamin silent and insist upon a lawyer being present during any police contacts (and a parent, if a juvenile).

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Answered on 1/07/16, 9:50 am
Rory Durkin Giancola-Durkin Criminal Defense

I do not believe that a charge can be brought in this situation. If it were to be charged there would be proof problems. I would advise not give any statements to anyone until talking to a lawyer. If there was a vehicle involved there could potentially be a charge of DUI of the prescription. But again I would advise talk to an attorney before talking to anyone.

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Answered on 1/07/16, 11:02 am
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

Prior post contains misleading statement & should be discounted in entirety.

As to your question, yes, of course such an occurrence is a hypothetical possibility. You do not state your reason for asking - perhaps you seek to expand your academic studies. Should someone face such an issue I urge him to seek private confidential attorney counsel with no delay. In my many years of professional practice, it is not uncommon for persons who fear they may be charged with a crime or, perhaps, may be 'violated' by their probation officer, to contact me to have a private discussion about the situation. The privacy of the communication between attorney and client is protected by law.

Tricia Dwyer Esq

Tricia Dwyer Esq & Assoc PLLC

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Answered on 1/10/16, 4:24 am


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