Can police change your charges after they arrest you?

Question

Can the police change the charge once they take you to jail if they told you when they arrested you that it was for disorderly conduct? Also what if they did not read you your miranda rights?

Jacob P. Sartz · Answer

I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney.   If  you cannot afford an attorney, the court may appoint you one at the  public's expense. You are presumed innocent until proven guilty beyond a  reasonable doubt. Only if a person is ultimately convicted or if they  plead guilty will they be sentenced.  Yes, charges occasionally change. The prosecutor may even add, reduce, or dismiss counts or charges while a case proceeds through the court system as well. People use the term "read me my rights" usually when they are asking about Miranda rights. Miranda rights are usually only an issue if the police wish to conduct an interrogation while the defendant is still in custody.

Michael Nack · Answer

An attorney would need to know all of the relevant facts before the   attorney could provide much of an answer to your questions. I would be willing  to  offer you a free telephone consultation to see if I can answer your  questions  or offer my services to you.

Jared Austin · Answer

The police can cite you for additional offense or request the prosecutor add additional charges as long as it is within the statute of limitations. Miranda violations only apply to confessions and possibly excluding any physical evidence that was obtained as a result of the Miranda violation. A Miranda violation will never, ever affect the validity of the arrest itself. Also keep in mind that the police only have to read you your Miranda rights if you are in their custody and they want to ask you potentially incriminating questions. If in doubt, have an experienced criminal attorney review the police report.

Michael D. Fluke · Answer

The police can add or change the arrest charges, but ultimately it is up to the State Attorney to decide what charges will be filed.  As for Miranda, it only applies if you are being questioned by the police.  If you are questioned and Miranda was not recited, there is a chance the statements made can be excluded, but the charges can still remain.  I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.  Good luck.

Thomas Tomko · Answer

Charges can generally be changed at any time prior to trial.  So long as due process is not denied, then a change will be allowed.  Miranda will be an issue if responses to in custody interrogation are sought to be introduced at trial.  Otherwise, this may not be an issue  I hope that this was helpful.

Cindy L. Barton-Coombs · Answer

Yes, the police can charge you with whatever they think they have evidence enough to prove.So if they arrested you for disorderly and then found other evidence they can charge you with more.If they did not read you your MIranda rights, they cannot use what you say against you in a court of law.Your attorney would have to file a motion to suppress anything that you said during the investigation.

Jonathan Willett · Answer

Yes, the government is usually permitted to amend charges anytime before trial.  Miranda rights need only be read for persons who wish to waive their right to remain silent and make a statement.  Miranda rights are necessary to make a legal arrest.

Eric Sterkenburg · Answer

The police officer that arrests you or cites you for a violation puts down the violation he thinks you did. His report of the incident is then passed through channels. When it gets to the prosecutor it comes with a recommendation by the police as to what should be charged. The district attorney then reviews the report and makes a determination on what laws were violated and what charges should be filed. At any time in this process the charges you were told can be adjusted to what the attorneys feel you violated. Yes the charges you were told at your arrest can be changed before you go to court. Miranda rights only apply to statements or answers made by you during an in custody interrogation. If your Miranda rights were violated you can still be charged. The remedy for this violation by the police is to exclude all the statements and any evidence obtained as a result of the statements.

Roianne Houlton Conner · Answer

You are not technically charged until the paperwork is performed.  As far as miranda rights, if you did not give a statement then miranda does not apply.

Craig Elhart · Answer

It is not the police but the prosecuting attorney that decides what charges to bring.  Yes, the prosecutor can charge differently than what the arrest was for.  The police only have to read you your rights if they are going to question you.

Cynthia Henley · Answer

The police can take a person into custody for what they believe is the offense, confer with a prosecutor or other offense and determine that there is a different or additional offenses to be charged, and you can be charged with those. In fact, charges can be added even after you begin going to court.  With regard to your Miranda rights, the only effect of the failure to read your rights to you is if you made inculpatory statements in response to questions while in custody, those will be suppressed.

Robert Watkins · Answer

They can change the charging theory at any time. Often a more   experienced officer, or prosecutor if they have one, will look at the   case and at times make amendments.

Jared Altman · Answer

Yes. They can change the charges. The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that  you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.

Michael J. Breczinski · Answer

Yes they can change the charges. They do not have to read Miranda unless they have you in custody and they want to interrogate you. Otherwise they can just take you to jail.

Dennis Roberts · Answer

Yes they can. Contrary to popular fantasy the only thing that happenswith  Miranda warnings is if they don't read them to you and you make a statement they  CANNOT USE IT AGAINST YOU. Otherwise, no harm, no foul.

Joseph Dane · Answer

I'm not sure how/what was changed, but can things differ in what you were arrested for vs. what you were charged with?  Yes.  The charging decision is exclusively up to the prosecutor.    Miranda rights only come into play if you're in custody (arrested or the functional equivalent of an arrest) and being questioned.  Many people are arrested and never read their rights.  If they were supposed to read your rights, but didn't, any statement will be thrown out, but it won't necessarily invalidate the entire arrest or the whole case.

Samuel H. Harrison · Answer

1. Yes, the prosecutor can change the charges before they are filed in the trial court. With the court's permission they can also amend charges, or drop the originalaccusationand bring a new based on the facts.  2. No. It doesn't work that way. The whole thing about the case being dropped if you aren't read your rights is a Hollywood generated myth. The reading of rights (the Miranda warning) is only required if (1) A police officer (2) Has a person in custody and (3) wants to question that person. No questioning = no warning necessary. If the person is not read the warning a statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.

Riana Durrett · Answer

In Clak County, Nevada, when a defendant is arrested, the police report and other information goes to a screening panel at the District Attorney's office.  The screening department decides what charges, if any, to issue against a defendant.  Therefore, the charges in the complaint or grand jury indictment can be different from what the police officer originally said the arrest was for.  The area of law involving Miranda Rights is somewhat complex and should be discussed with your attorney.

Jason Savela · Answer

Yes, they arrest you for suspicion of one charge, but later they find that you actually committed a different charge.  Also, ultimately, the prosecutor decides what charges to file or not file.

Daniel Kieth Martin · Answer

Officers can change the charges to whatever they want within the first three days of your arrest. Then the prosecutor can change them again later.

Theodore W. Robinson · Answer

Yes, the police can change your charges and increase the level of severity or  decrease it. Many times it depends upon their receipt of further proof  regarding your case. Sometimes it is because they were nothappy with how you  responded to them during an arrest or afterward.  Of course, they still must prove whatever charges theylodge against you and  that's when you'll need the services of the best criminal defense lawyer you can  find. That can make abig difference tothe outcome of your case.  If you didn't make any statement to the police, then it won't matter whether  they read you your rights or not.

David Lee Smith · Answer

All the police do is investigate the crime at the moment or shortly after the crime has taken place and arrest those who are involved. They then write the "report" and turn-it over to the District Attorney. The DA then decides what charges are to be brought against you based on the facts outlined in the report.  In other words the charging document can be either the same as the police recommend, worse (more charges) than the police recommend in their report or better (less or no charges) than the police recommended in their report.  "Miranda" rights are only required when the police are going to question you (about the crime)when you are in a custodial setting (not free to leave), otherwise all of your voluntary statements will be used against you.

Timothy Klisz · Answer

Yes. In fact it's the prosecutor that charges, not the police. Reading your rights only matters if you made confessions while under arrest.

Philip Hache · Answer

The Prosecutor can file charges against you that are different than what the arresting agency claimed they arrested you for.  Also, even after charges are officially filed, a prosecutor can amend the complaint to add or take away charges.  You can call me at 818-336-1384 if you would like to discuss your case in more detail.  Also, if you were not read your Miranda rights, then it may be possible for statements that you made after your arrest to be "suppressed" so they cannot be used against you in Court.  I would recommend consulting with an attorney to speak about your case in more detail.

Carina Laguzzi · Answer

Yes, the police can tell you (although they are not obligated to tell you) charges when you are first arrested, and then you can be charged formally with other charges.  In some counties (like Philadelphia), it is the District Attorney who initially chooses what charges an arrestee will face. Police are only (technically, although some exceptions can apply) required to read out the Miranda warnings if they want to interrogate you.  (Of course, as you probably know that they read them or not, then you probably know them and you know NOT to say anything.)  Discuss the specifics of your case with your attorney, especially if you made an incriminating statement.

Jeff Yeh · Answer

First of all, police don't file charges. That is up to the prosecutor who reads the report. Second of all, Miranda isn't required until you have been arrested, and only if you are interrogated post arrest. On a disorderly conduct charge, Miranda (or lack thereof) is very unlikely to be an issue. You should contact an experienced attorney, who may be able to negotiate some kind of reduction so that you only have to plead to an infraction, or earn a dismissal.

Gary Moore · Answer

Your charges can be changed by the police or by the prosecutor within the applicable statute of limitations. If your rights were not read to you a motion can be filed with the Court to suppress, not allow the use of your statement or statements, at trial.

Kevin Michael Smith · Answer

Yes, charges can be changed after the arrest, though it is done at that point by the prosecutor.  If the prosecutor views the evidence and believes that it warrants more serious charges than those filed by the police, the charges can be substituted.  Also, if police develop evidence after the arrest, they may apply for a new arrest warrant and arrest you again.  A Miranda violation can help your case by allowing an attorney to suppress evidence- typically statements-obtained from a suspect during an interrogation.

Mark R. Thiessen · Answer

No, but the District Attorney can.

Stephen Freeborn · Answer

Sure, charges can be changed or added any time.  As far as Miranda rights, it is not necessary for the officer to read you Miranda rights.  It is only necessary if the officer wants to ask you additional questions, or you decide you want to talk.  In either of these situations, Miranda becomes necessary.

Michael Palumbo · Answer

Yes the police can drop or upgrade charges.

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