Can the prosecution upgrade charges at anytime during the criminal process?

Attorney answers (2)

1. Licensed in VA

   

   Rixon Rafter

   Fairfax Litigation Lawyer

   Contributor Level 20

   Answered March 01, 2013 06:51. Yes the prosecutor can upgrade the charges.

   READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... moreREAD THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation. less

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2. 

   Robert Driessen

   Irvine DUI / DWI Attorney

   Contributor Level 19

   Answered February 25, 2013 16:57. Yes the prosecutor can amend the charges to add counts or increase current charges.
   Robert Driessen

   Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... moreMr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com. less

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