QUESTION
Can the officers upgrade a charge to possession?
Asked on Oct 29th, 2013 on Criminal Law - Michigan
More details to this question:
Officers found a glass pipe in the living room in a bottom dresser drawer. No defendants were in the house at the time. Instead of charging the defendants with paraphernalia the officers scraped the pipe then sent .04mg to the lab for analysis and have charged the defendants with possession 11377. It was not possession until they scraped it. Can they do this, upgrading a charge?
7 ANSWERS
Any time before arraignment the charges may be changed.
Answered on Nov 05th, 2013 at 5:41 AM
Michael J. Breczinski
They are not upgrading it. They just got the tests back from the crime lab and are charging possession based on those tests.
Answered on Nov 01st, 2013 at 9:00 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unfortunately, they can. However, there may be issues regarding unlawful searches and seizures and custody for the possession charges. If you have not done so already, I suggest that you hire an experienced criminal defense attorney to represent you.
Answered on Oct 30th, 2013 at 9:50 PM
Yes, absent a minimum level of substance being required in a statute..
Answered on Oct 30th, 2013 at 9:50 PM
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It is not the first time this was done - it is them trying to create leverage to force a plea when they have difficulty proving possession of the pipe by any one person, let alone the more significant possession of the drugs - scare people on a felony so they take a deal on a misdo that could not be proven to begin with possession of drugs must be knowing - so, a person has to know there are drugs in the pipe - it is an arguable defense that the person in possession of the pipe reasonably thought there were no drugs in it bc all the drugs had been smoked out of it but, the DA still has to prove that each defendant knew the pipe was in the house and that it had drugs in it - doubtful they could do that - every defendant can say that it is not mine and it must be a different roommate?s pipe, never saw it, did not know what was in it question as to how the police get in the house to find the pipe in the first place.
Answered on Oct 30th, 2013 at 9:50 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Charges can always be added or increased provided they are within the Statute of Limitations. However, just because you have been charged doesn't mean they can prove your guilt beyond a reasonable doubt.
Answered on Oct 30th, 2013 at 9:49 PM
The DA does, not the cop.
Answered on Oct 30th, 2013 at 9:49 PM