DA's disposition charges changed to NF (not filed) in a criminal case, after DA changes Disposition, can they recharge for same

Asked over 1 year ago - Riverside, CA

DA and PD is using son as a pawn to convict another for home invasion. Son was first charged with felony ID theft, and credit card fraud that he tried to use and got nothing. DA changed disposition to NF, but charged for home invasion, DA wants him to plea as they know He was not at home invasion so how can he swear to it that where he got the credit cards was where the other person was. He will be going to trial for this home invasion is this beyond a reasonable doubt that he was there and can they change from not filed to file again for credit card fraud and ID theft.

Additional information

Yes he confessed to trying to use credit cards and ID but got nothing, disposition NF now, the cards and ID came from a home invasion he knew nothing about. He told them where he got them and DA and PD said they will drop all charges of Cards and ID theft and Home invasion with guns and they will drop those charges as well. He told them where he got them but he doesn't know where the other person got them, DA asking for plea for him to say he knew they came from home invasion and the other person did it. he is still in jail and 4 mo. & now the other person is in jail. If he goes to trial for the invasion what is beyond a reasonable doubt that he was NOT at the invasion. 1:00 AM he was in bed with girlfriend at the time, because he used cards, and got nothing can he get out this mess. he is will'g to take what is due to him not invasion.

Attorney answers (3)

  1. Michael Douglas Shafer

    Contributor Level 20

    4

    Lawyers agree

    Answered . If I understand your question, yes they can.

  2. Jonathan Neal Portner

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . Yes the change the criminal charging document. Hire a top criminal defense attorney in your area and put an end to the guessing. The best criminal defense attorneys in Maryland and Virginia often have relationships with the state and therefor can quickly give you a heads up.

    Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This... more
  3. John M. Kaman

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes they can file again. No one can tell from your brief statement whether there is proof beyond a reasonable doubt or not.

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