QUESTION
Can a judge broaden the scope of charges during a court trial?
Asked on Oct 17th, 2012 on Criminal Law - Florida
More details to this question:
The DA charges you with 100a PC and during the trial the judges includes 100b, c, d, etc. in the charges.
4 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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The judge can at the request of the DA, who presents evidence to support the additional charges.
Answered on Oct 22nd, 2012 at 11:02 PM
Michael Paul Vollandt
Not in California. The DA controls the charges not the judge.
Answered on Oct 18th, 2012 at 2:07 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Is this in California? The reason I as is that PC 100 is a very obscure charge and that section of the Penal Code does not have subsections (e.g., (a), (b), (c), etc.) To generally answer your question, charges that are "lesser included" may be added during trial.
Answered on Oct 18th, 2012 at 2:06 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The judge should have no power to do that. We have state attorneys in Florida not the DA. Only the state can increase the charges, but these might have been lesser included offenses for which you could possibly be found guilty under the facts adduced at trial.
Answered on Oct 18th, 2012 at 2:05 PM