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

Asked about 1 year ago - Crossville, TN

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

Attorney answers (3)

  1. Thomas Travis Overton


    Contributor Level 14


    Lawyers agree

    Best Answer
    chosen by asker

    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


    Contributor Level 13


    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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