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Thank you for the information and your question. Yes, there is always a chance since the police do not make the ultimate charging decision, the Prosecuting Attorney for the State/County does. That said, the prosecutor rarely increases the charge level once received by police. It can happen though.
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I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 4th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.
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In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/