QUESTION
What does this mean to amend charging information?
Asked on Jan 28th, 2016 on Criminal Law - California
More details to this question:
The prosecuting attorney sent me a letter moves the court to amend the charging information to correct the following immaterial defects. The correct victim entity is Walmart. They are trying to charge me with theft and I didn't even walk out the door yet.
4 ANSWERS
Theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
Answered on Feb 01st, 2016 at 5:38 PM
It means the Prosecutor is making a correction to the charging information. Any errors on the ticket/citation can be corrected at any time (up to and including the date of trial) by the Prosecutor. It doesn't matter if you didn't actually leave the store with the item what matters is that the security guard or other store employee saw you making efforts to conceal an item, which implies that you were not planning on paying for it. That qualifies as shoplifting. I suggest you hire an attorney to represent you if you want to avoid having a conviction on your record for stealing.
Answered on Feb 01st, 2016 at 5:37 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Get an attorney, you do not have to walk out the door.
Answered on Feb 01st, 2016 at 5:37 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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It means that the prosecutor is changing the charging document. What you describe might be a material change that would require a formal motion to amend the information. You should consult an attorney or talk to your current attorney about your options.
Answered on Feb 01st, 2016 at 5:36 PM