Home > Research Legal Advice > Criminal Defense > I WAS CHARGED WITH MENACING THEN THEY UPGRADED IT TO A CRIMINAL POSS 3RD...
Asked about 4 years ago -
FlagWAS CHARGED WITH THREATENING A PERSON WITH IT (MENACING) THEY UP GRADED THE CHARGES TO D FELONY
The police and the prosecutor can upgrade charges if the facts warrant them. In certain occassions, before the police or investigators have an opportunity to fully investigate a matter you may be charged with the lesser offense. After taking the statements of witnesses of if the condition of an alleged victim changes more serious charges can be brought against the defendant. See my posting on my profile page on what to do when arrested and see if you followed the proper actions after arrest.
A felony charge in most states will potentially subject you to going to state prison. It is critical you immediately seek the guidance of a local experienced criminal defense attorney in your town. This lawyer can advise you whether it was legal to raise the charges you are facing to a felony charge. In most cases the prosecutor can use their discretion to charge something more serious than what you were initially arrested for. However, that is why you need to speak to a local criminal defense attorney very soon.
Best of luck.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
I am a criminal defense lawyer practicing in White Plains, New York. Here in Westchester County, as in all the courts of this State, the District Attorney has the authority to decide what charges to bring against a person. Of course, in order for you to be formally charged with a felony, the prosecutor must present your case to a grand jury and obtain an Indictment charging such a crime. In your question, you have not described what felony you may be charge with since there is criminal possession of a controlle substance, criminal possession of stolen property, and criminal possession of a weapon. It sounds like you may be charged with the weapons' offense, but it is difficult to tell. In any event, The People can always present a case against you to the grand jury. You will have the right to testify before that body but the question whether you should avail yourself of that right must be fully discussed with your lawyer. It is troubling that you did not receive this information from your current counsel who should have been able to convey it to you.
I am a criminal defense lawyer practicing in White Plains, New York. Here in Westchester County, as in all the courts of this State, the District Attorney has the authority to decide what charges to bring against a person. Of course, in order for you to be formally charged with a felony, the prosecutor must present your case to a grand jury and obtain an Indictment charging such a crime. In your question, you have not described what felony you may be charge with since there is criminal possession of a controlle substance, criminal possession of stolen property, and criminal possession of a weapon. It sounds like you may be charged with the weapons' offense, but it is difficult to tell. In any event, The People can always present a case against you to the grand jury. You will have the right to testify before that body but the question whether you should avail yourself of that right must be fully discussed with your lawyer. It is troubling that you did not receive this information from your current counsel who should have been able to convey it to you.
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