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

if a victim losses his limb in a shooting and the prosecution has knowledge of this fact how can one fight the prosecution upgrading a charge if the defendant case has been to the grand jury and been indicted on lesser charges

Midlothian, VA -

Attorney Answers (2)

Rixon Charles Rafter III

Rixon Charles Rafter III

Litigation Lawyer - Fairfax, VA

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.... more
Robert Laurens Driessen

Robert Laurens Driessen

DUI / DWI Attorney - Irvine, CA

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... more

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