QUESTION
Is it legal to be charged for one thing, showed up in court but charged with higher misdemeanour?
Asked on Jan 07th, 2013 on Criminal Law - Florida
More details to this question:
I was charged and bailed for retail fraud three. When I showed up for court they had changed my charge to retail fraud two. I was not notified of change so I wasn't prepared to plead for that charge.
6 ANSWERS
Michael J. Breczinski
Before you plead they can amend the charges.
Answered on Jan 14th, 2013 at 2:56 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes it is legal. Hire an attorney.
Answered on Jan 14th, 2013 at 2:56 PM
Yes it is legal. The prosecutor can always add or amend charges. Hire a lawyer before you do something wrong.
Answered on Jan 11th, 2013 at 1:53 PM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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Until the point the case is over, amendments can be made to the charges, and objections can be raised by the defendant.
Answered on Jan 11th, 2013 at 1:52 PM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Yes it is. The police arrest a person and make initial charges, but the official charges are filed by the prosecutors. The State can choose to drop charges even though the police made an arrest. Likewise, the State may determine the police "under charged" and file higher charges. Be sure to have an attorney prior to arraignment or at least hire one immediately after. You don't want too much time to go by without one. Besides, you almost never should plea guilty or no contest at the arraignment anyway.
Answered on Jan 11th, 2013 at 1:52 PM
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The state has the ability to amend the charges of a crime any time up to the close of their case to a Judge, Bench Trial or a jury. So yes they can seek a change and then the Judge determines whether or not to accept it.
Answered on Jan 11th, 2013 at 1:52 PM