Short answer, yes. The prosecutor can amend the charges at any time, even during trial. The remedy of a late amendment is a continuance , not dismissal or denial of the amendment. You may call it a threat, the prosecutor calls it negotiating. If the accused doesn't want to accept the plea, then he can go to trial on the more serious charge.
If you are talking about marijuana, the answer depends on both the treatment provider and the court. It is not uncommon for a judge to order no consumption of alcohol or marijuana during the term of the deferred prosecution, even if you have a prescription. If you are taking another prescription medication, that medication will typically be addressed by your treatment provider. You should ask your attorney the specifics of your situation or, if you do not have an attorney yet, retain one...
Why take a chance on a case that carries up to one year in jail, a $5,000 fine, five years probation and loss of your right to ever own or possess a firearm again, in addition to difficulty obtaining employment, renting apartments or even entering Canada.
If you are already considering the possibility of an undesirable result, take step to retain an experienced criminal defense attorney now who will be able to pursue every available defense to make sure you are not convicted. Defendants...
Bail will likely be higher, especially if the first charge was not very long ago. The court may be concerned about the possibility of new charges if bail is not set. That being said, depending on the nature of the new charge, i.e. what drug, how much, possession v. delivery, it is still possible the court would PR your friend.
Your friend's first priority should be retaining an experienced criminal defense attorney right away.
Yes, it is still considered DWLS. Until you have the ignition interlock license in your possession, you are not permitted to drive. If you are pulled over you will be facing the criminal charge of driving while license suspended.
Your question is far too broad to answer in a forum like this. The charge carries a maximum on one year in jail and a $5,000 fine, in addition to a one year license suspension, two years with an ignition interlock device, between one day and two years of alcohol treatment and five years probation, in addition to all the other consequences of a permanent criminal conviction, such as difficulty renting apartments, obtaining employment or even entering Canada.
You need to consult with, and...
You are always able to invoke your Fifth Amendment right against self-incrimination, but if you are a defendant that does not prevent the state from using your prior statement against you at trial. This is an important issue to address with your attorney who will be much more familiar with the specifics of your case.
If you do not yet have an attorney, retaining experienced counsel should be your first priority.
A open container infraction is not a criminal charge. It could be a violation of the conditions of a previous sentence, however, such as a condition that you are to not have any alocohol related infractions.
In combination with a prior DUI, this infraction could be viewed as another indication you have an alcohol problem requiring treatment if you were ever to get another DUI or drug related conviction.
I always suggest contesting any infraction, especially an alcohol related infraction.
If he has remained crime free for three years since he completed probation on his most recent DWLS, he can petition to have that conviction vacated. There is nothing that can be done for the previous convictions.