Can court keep changing charges when they cant find enough evidence to charge me with what they arrested me for ? 3 times now

Asked 11 months ago - Crossville, TN

vehicular assault then wreckless assault with a vehicle then assault with a deadly weapon

Attorney answers (3)

  1. Thomas Travis Overton

    Pro

    Contributor Level 14

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    Answered . If they can get a magistrate to sign an arrest warrant then you have to answer to the charges as long as the other ones have not gone to trial.If I was your attorney,I would definitely file a motion to dismiss for prosecutorial misconduct because he sounds like the prosecution of you is overzealous.However,There isn't a law that says it can't be done.Ive seen people tried for the same thing on 3 different occasions because a jury could not come to an unanimous decision during each trial.Ive never seen a detective or prosecutor change a charge 3 different times when things didnt go their way.You definitely need excellent counsel to represent you.Good Luck!

  2. Michael Ryan Working

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . The court does not charge you with anything. The prosecutor files charges. It does sound like you have an issue based on being targeted by the district attorney. Consider filing a complaint with the Board with advice from your attorney.

  3. Tawanda Marie Williams

    Contributor Level 12

    Answered . I've witnessed a few incidents where the Attorney General has issues with the Attorney handling the case or the defendant charged with the offenses for retaliatory reasons. I don't know if this applies to your situation, but you definitely need to have your Attorney file the necessary documents to delve further into this incident to hold the Attorney General accountable for their actions. Be mindful that even if the Attorney General is constantly changing the charge that should serve that they really don't have a good case after all. Good luck with your situation I know this has been a frustrating process for you and your Attorney.

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Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

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