Legal Question in Criminal Law in Michigan

Re: Presciption forgery

Both could be charged.

The person who forged the prescription form would be the principal defendant, and could be charged from among a variety of crimes: Uttering & Publishing [MCL 750.249 - felony - up to 14 years]; Forgery [MCL 750.248 - felony - up to 14 years]; possession of a False Prescription Form [MCL 333.7403(2)(e) - misdemeanor - up to 1 year and/or $1,000 fine]; Possession of a Forged Prescription [MCL 333.17766(d) - misdemeanor - up to 90 days and/or $500 fine]; Obtaining a controlled Substace By Fraud [MCL 333.7407(1)(c) - felony - up to 4 years and/or $30,000 fine]; Obtaining a Drug By a False prescription [MCL 333.17766(e) - misdemeanor - up to 90 days and/or $500 fine].

So, as you can see, a prosecutor has a wide range of charging options based on the case facts, the person's prior criminal record, etc.

The driver of the car is at risk of being charged if it can be proven beyond a reasonable doubt that he/she knowinging helped the other person commit the principal crime. This is called "aiding or abetting". The driver would usually be charged with the exact same crime as the person who forged/passed the bogus 'script. There is no separate "charge" of aiding/abetting. Rather, it is a legal theory that results in someone other than a principal actor in a crime beging charged with / convicted of the actual crime. Since they helped in the commission of the crime, they are charged the same way. Aiding/abetting means intentionally assisting (procuring, counseling, encouraging, helping, etc.) another person in the commission of a crime. Mere knowledge that another person is going to commit a crime, or mere presence at the scene of a crime, is not enough. Some encouragement or assistance given to the principal defendant is needed. Driving the person to (and away from) the bank would be enough assistance. but the driver had to know ahead of time that the passenger had this fraudulent plan.

Re: Presciption forgery

Both people could face time in prison.