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Change of charges from arrest to indictment. Columbus, GA

My nephew was charged August 2008 with aggravated assault on police officer, theft by taking, reckless conduct, reckless driving, DUI, leaving th scene of an accident, failure to obey an officer, failure to yield right of way, improper lane change, and not wearing a seatbelt. He got his Superior Court papers today and there is an additional charge for aggravated assaul on an officer and the failure to yield right of way is not listed. Can they change the charges? I don't know where the other charge came from and he has a public defender who has not contacted him or any of us at all and we can't get a call back.

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Attorney answers (2)

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Reputation Level 11
Yes, the State can change/add/subtract charges. Once the state looks at the police report and any other evidence in the case, the DA can draft the indictment as they see fit to cover any alleged crimes they believe occurred. Thanks to our wonderful Georgia Legislature that insists on not properly funding indigent defense here in GA, the public defender's office will be understaffed and over worked so don't expect immediate communication. They are for the most part competent/good attorneys.

Reputation Level 15
It's not at all unusual for the DA's office to add and subtract charges based upon what they think they can prove at trial. It's an unfortunate fact that many public defender's offices are understaffed to the point that the attorneys are behind on things like phone calls and jail visits in order to make sure that they are ready for hearings, trials and other responsibilities. As a general rule, the attorney will want to speak to the client before speaking to the family just to make sure that he or she knows the facts of the case and also to consult the client to make sure that he or she wants the attorney to speak to the family (some do not). If your nephew is in jail, the attorney will be out to see him soon. If he is not, he may want to try to schedule an appointment through the public defender's office, that way both of them will have a specific time to talk.

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