In california can a involuntary manslaughter charge be upgraded to 2nd degree murder during trial?

Asked over 3 years ago - Philadelphia, PA

Can the charge of involuntary manslaughter be upped to higher charge during a trial?
The judge has charge this person with involuntary manslaughter, the preliminary trial just ended, the judge heard all evidence presented and it was determined he will have to stand trial very soon, but all evidence suggest that this person comitted a murder and it was voluntary. Can the judge upped the charge if the district attorney doesnt ask for it or it required that the DA re-file the charges and ask the judge? Or is it too late to upgrade the charges?

Attorney answers (1)

  1. Adam D. Zucker

    Pro

    Contributor Level 17

    Answered . You posted this in a Pennsylvania forum. You need to post this to California attorneys even though you live in Philly since the question pertains to California law.

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