QUESTION

If the charged with Possession of a dangerous is the charge, but it was an illegal weapon you had. Can they change the charge from what they submitted

Asked on Feb 18th, 2017 on Criminal Law - Colorado
More details to this question:
I am being charged with Possession of a Dangerous weapon under C.R.S. 18-12-102, However I did not have anything on my person that is definable under the statute. I did have a pair of brass knuckles as defined under "illegal weapon", but the officer DID NOT cite it under illegal. The ONLY defendant is myself. I was stopped for lack of license plates, officer asked for License, Reg, Insurance. I demanded to know what crime he was suspecting me of? and to obtain a warrant before searching my property for private paperwork. (please leave the laughter out of the response LOL), but he then opened the door, arrested me for obstruction, citing 18-8-104, but I am understanding that requires more then a verbal obstacle. He then found my brass knuckles, which were used as a necklace, but I was just coming out of work. Now, since the original infraction was not a crime, under 16-3-103(1) they had no valid reason for stopping me in the first place.
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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To directly answer yoru question - "Yes" - the prosecutor can amend the charge, add charges, dismiss charges, etc. as the case proceeds.  In your case there does appear to be an issue that could leadf to suppression of some of the evidence they want to use against you, so it is worth having a lawyer handle the case for you to get the best outcome possible. 
Answered on Feb 21st, 2017 at 6:27 AM

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