Legal Question in Criminal Law in Michigan

Re: Misdemeanor or Felony?

Cashing a bad prescription is normally charged as a felony in Michigan. You can read more about drug charges at:

www.AggressiveCriminalDefense.com

Re: Misdemeanor or Felony?

Possible misdemeanor charges:

Obtaining controlled substances by a false name [MCL 333.17766(a)] or false representation [MCL 333.17766(b)] or false prescription [MCL 333.17766(e)]; falsely making/passing/altering/forging a prescription [MCL 333.17766(c)]; possessing a false prescription [MCL 333.17766(d)]

Possible felony charges:

Obtaining controlled substances by fraud [MCL 333.7407(1)(c)]; making or passing or possessing with intent to deliver prescription forms [MCL 333.7401(2)(f)]; possessing counterfeit prescription forms [MCL 333.7407(1)(f)].

There can be subtle differences in facts that distinguish one case charged with a feoony versus one charged as a misdemeanor. Most times, prosecutors must use their inherent discretionary authority to choose which crime and which level of crime to charge. That could be heavily weighted by the person's prior criminal record, allegations of a pattern of similar behavior versus an isolated event, etc. As an investigating tool, prosecutors and police can now search a state-wide database of prescriptions obtained by people, so (for example) if this search shows an inordinately high purchase of some addictive substances, a felony versus misdemeanor might be issued.