QUESTION
If two people were charged with a crime and already started court proceedings, can a third be charged now?
Asked on Oct 12th, 2012 on Criminal Law - California
More details to this question:
Two people were charged with robbery and started their court proceedings now they want to charge me with conspiracy can they do that almost 3 months later?
17 ANSWERS
3 Awards
Yes.
Answered on May 21st, 2013 at 2:54 AM
Steven D. Dunnings
Yes.
Answered on May 21st, 2013 at 2:53 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, they can.
Answered on Oct 15th, 2012 at 2:34 PM
1 Award
Yes, if the statute of limitation has not run, you can still be charged. You should hire a lawyer as soon as possible.
Answered on Oct 15th, 2012 at 9:05 AM
John J. Carney
The police and prosecutor can charge you as an accessory if they have evidence that you were present during the robbery. You should retain a good criminal lawyer to handle the case. Apparently your co-defendants turned you in to get a plea bargain.
Answered on Oct 14th, 2012 at 9:14 AM
You can be charged with a crime at any time before the statute of limitations runs out. This can be after other co-conspirators are found guilty or not guilty.
Answered on Oct 14th, 2012 at 8:33 AM
James Edward Smith
Yes, new charges and new Defendants can be added before trial.
Answered on Oct 14th, 2012 at 8:26 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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It is not uncommon for additional defendants to be added to an already charged case, as new information is learned new defendants often appear. You need to retain an attorney right away, it is possible someone may be implicating you falsely in order to appear as though they are cooperating to get a better deal themselves. Regardless of the charge, the burden of proof is on the prosecution so it is very critical you have a lawyer that can get between you and the prosecutor and request information on what deals were offered to other defendants and to hopefully file a motion to sever you from the other defendants.
Answered on Oct 14th, 2012 at 8:25 AM
4 Awards
Yes, as long as they are not outside the statute of limitations they can still charge you with Robbery.
Answered on Oct 14th, 2012 at 8:15 AM
Yes. They can just supercede the original indictment. They can add people to the indictment up until the day of trial.
Answered on Oct 14th, 2012 at 8:11 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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If they think they have sufficient evidence to charge you, yes they can. Additional defendants are often added to cases after they have been filed. They would have to either add you to their case or file a separate case against you and make a motion to join them. Aside from the procedural issues, it's time for a lawyer. You're now wrapped up in a serious felony case. Time for a lawyer. Until then, make NO statements about this to anyone.
Answered on Oct 14th, 2012 at 8:07 AM
Michael Paul Vollandt
Yes. The DA can add in new defendants if it is about the same crime.
Answered on Oct 14th, 2012 at 7:58 AM
Gary Moore
You can be charge, now.
Answered on Oct 14th, 2012 at 7:58 AM
Michael J. Breczinski
Yes they can do so. I would advise you to get a good attorney and to make NO statements to anybody but your lawyer.
Answered on Oct 12th, 2012 at 1:06 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. They can file charges up to the statute of limitations. Three years for most felonies, 1 year for all misdemeanors.
Answered on Oct 12th, 2012 at 12:54 PM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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yes. Email transmissions to clients of this office presumably contain confidential and privileged material for the sole use of the intended recipient. The use, distribution, transmittal or re-transmittal by any unintended recipient of any communication is prohibited without our express approval in writing or by email. If you are not the intended recipient please contact the sender and delete all copies.
Answered on Oct 12th, 2012 at 12:46 PM
Of course. There is no rule regarding when someone can be charged. In fact, even if both of your cases are already over, anyone else can still be charged.
Answered on Oct 12th, 2012 at 12:46 PM