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Question about evidence vs actual charges indicted

New York, NY |

I was indicted by the grand jury for one charge (GL 3rd) while in the grand jury the DA pulled out something else related that I was not charged with. I assume to give a blow to my credibility to the grand jury.... what I'm being charged with I did not do I never received any actual funds and the money was reverse back to the owner.... Ultimately I was indicted on 1 count, I just receive i believe good supporting documents against the charge that I was indicted on but I would like to know what will happen to the thing they pulled out but did not charge me for? Can this be added on? can they dismiss the charge I was indicted on and pull up the evidence used to bash my story and charge me for that instead?

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Attorney answers 4


The prosecutor cannot add any charges without returning to the GJ to obtain a Superseding Indictment with the new charges. I can't tell if you testified in the GJ, and it sounds as if you may have, in which case, what you said could be used against you if you are additionally charged, as you had to sign a waiver of immunity. Nonetheless, the DA will have to show that the new charge was not voted on in the GJ then and is later at another one because of new evidence obtained or risk dismissal by motion by your counsel, which would effectively return the indictment to the original count with which you are now facing. Hopefully, you have an attorney by now who can answer the questions you have as you go along.

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In theory, they can amend an indictment. I assume they had ibsufficient evidence to support that charge, if they get it they can amend.


The DA can add charges in the grand jury. Speak with your lawyer.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


You should speak with your attorney. The dismissal of the one doesn't preclude charging of the 2nd BUT they would have to go through the grand jury process again if it was a felony allegation.

Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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