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Can the prosecutor keep changing the criminal theory to convict the defendent?

Bayonne, NJ |

i was receiving public assistance. after getting pregnant i applied for family services. my case never switched over. i was accused of receiving 9000 in overpayments because i received funds from ga and not tanf. i was gettin 360 cash and 200 food on ga and should have received 322 cash, 50 child support and 367 food. the inital indictment was for never applying. they couldnt produce my application. later that changed to not informing welfare of the birth of my daughter. however, my daughter and i are in their system. 4 months later, the prosecutor is stating that i informed them but my daughter was living with a family member and i had a man living with me. i have the proof to disprove their claims, however they keep changing the accusation and i cannot get a copy of my complete file.

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Attorney answers 3


I assume yu have been provided the services of a Public Defender to defend you in criminal court. If not, request the court to appoint you counsel ASAP.

The prosecutor can "change the theory" of the case prosecution to adapt to the facts. But he has to convict you by evidence beyond a reasonable doubt to a jury of 12, if a felony offense. The prosecutor must follow the elements of the crime charged to win a conviction. The prosecutor can amended, dismiss and/or add charges if allowed by the court in your jurisdiction by a new criminal complaint or a new indictment.

You are entitled to a copy of your file, it is public record. Go to the clerk's office or ask your PD to get a copy for you.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


I sounds like a motion to dismiss in in order. You need representation. You should have a PD. if not apply for one.


A prosecutor can change a theory as the case and evidence develops.

John Ducey

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