Can more charges can be tacked on at the preliminary hearing, that were not brought up at the original arraignment?

Asked over 2 years ago - Los Angeles, CA

The offender has been charged with firing a loaded weapon at an occupied building. I am wondering if the charges of altering a fire arm (sawn off shot gun) and being intoxicated will be bought up then or will he have to be arraigned on those seperately

Attorney answers (4)

  1. Oscar Ernesto Toscano

    Contributor Level 13

    2

    Lawyers agree

    Answered . Charges can be added. It happens all the time. All are done in the same case. They could forget to pursue the smaller charges in lieu of the bigger charges.

    OSCAR E. TOSCANO
    (800)303-7500

    I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have... more
  2. Caycie Dawn Bradford

    Contributor Level 8

    2

    Lawyers agree

    Answered . Yes! They can add charges all the way up to the day of trial, and most the time do!

    C. BRADFORD LAW FIRM
    Proudly representing LA and the Southbay!
    (424) 703-3416

    This is not legal advice and this does not create an attorney client relationship
  3. Curtis Lamar Harrington Jr

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Don't look at arraignment as some sort of estoppel mechanism for prosecutor. Often other charges are threatened and there is nothing to provent charges being brought later. In addition, the "altering a fire arm (sawn off shot gun) " are also federal charges and may be brought by the U.S. Govt independently of the state charges.

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  4. Gayle Anne-Marie Gutekunst

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . They certainly can add charges at the conclusion of the preliminary hearing. HOWEVER, they have to have presented evidence of the illegal conduct at the preliminary hearing. If they introduced brand new evidence at the prelim, evidence which had not been disclosed to your attorney, your attorney can argue against including those new charges in the case.

    If the judge refuses to hold you to answer on the new charges, the DA can dismiss your case and refile it, this time with the "new" charges added.

    Generally when offenses all occur in one incident, the DA is obligated to charge them in the same case. In other words, they can't split the supposed criminal behavior into 3 separate complaints, requiring their own complaints, their own preliminary hearings, their own trials.

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