QUESTION
Can the police charge me with another crime if I was told during my arrest that I am only being arrested for one?
Asked on Feb 21st, 2013 on DUI/DWI - California
More details to this question:
I was picked up by the police for a domestic violence, and was taken to the station. When I was picked up, I was told that was the only reason. Later on at the station, I was told that I was also going to be charged with driving while intoxicated. Can that happen if I was never told that when I was picked up?
5 ANSWERS
4 Awards
Yes they can. This is why you should always ask to speak with a lawyer representing you. It is one of your rights. And the DA decides if and what to charge, not the police.
Answered on Feb 25th, 2013 at 1:53 AM
Michael J. Breczinski
Yes they can. They started out with a domestic violence call and realized that you were drunk also. If you had dope in your pocket at the police station then expect that as a charge too.
Answered on Feb 25th, 2013 at 12:43 AM
John J. Carney
If they have probable cause they can charge you with any crime they want. Why would you think that it matters what the police told you if you are also guilty of DWI? They can add any crime they have evidence of and are able to get a supporting deposition for.
Answered on Feb 25th, 2013 at 12:19 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It can if the police have enough evidence for the second crime.
Answered on Feb 24th, 2013 at 11:42 PM
Of course. What the cop says is irrelevant. The DA decides what to charge, not the cop.
Answered on Feb 24th, 2013 at 11:34 PM