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Can the DA charge different charges or more charges than whats on the police report?

Modesto, CA |

Can the DA put more charges on me even if the police did not state in his report admission of smoking marijuana or an open container, they found out by the video of the stop? What if the video proves that I was not lethargic nor stumbling?

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Attorney answers 4

Posted

Absolutely. As long as the DA and in most jurisdictions the Grand Jury conclude there is probable cause that a crime is committed, regardless of what's listed in the reports, those charges can be alleged; it happens all the time.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

The above is not correct in California. Listen to a California attorney when it comes to California law.

Craig S Orent

Craig S Orent

Posted

I'm sorry, but how is that not the law? Your answer says the same thing.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

There is no Grand Jury for a DUI in California and the DA is not held to a probable cause standard in filing charges. When filing charges in California a DA should only file when they feel they can prove the charge beyond a reasonable doubt. The specifics of law between states are significant enough that I feel it is inappropriate for an attorney not licensed in that state to give a valid answer. If you chose to answer questions in other states that is your prerogative, however I would advise against it.

Craig S Orent

Craig S Orent

Posted

This is not the place to debate, but I have to respectfully disagree. As I said in my answer re the GJ "in most jurisdictions," and the standard you cite as to whether a prosecutor should/can proceed with a prosecution is an "ethical" standard, not the standard applied at the PH......

Robert Laurens Driessen

Robert Laurens Driessen

Posted

I will cease this pointless debate but the fact that you think a preliminary hearing is required in California for a misdemeanor DUI proves my point as to why you should not answer questions out of Arizona. People are not asking for general answers here. They are looking for help. It is more helpful to those that ask questions to get answers from someone licensed in the state their legal question is based on.

Craig S Orent

Craig S Orent

Posted

Now you have made a good point re misdemeanor vs. felony (AZ has both). I concede. Typically, though not in this answer, I suggest after providing "general" answers that the person be sure to contact/confirm with local counsel. If you're suggesting attorney's not answer questions that can typically be answer generally, even in other states, then you'd be depriving many of good quality answers. Merely look at the leader board for examples. Many questions are not answered at all let alone by attorneys in the respective jurisdiction.

Posted

The DA can charge you with whatever he or she thinks the evidence supports, regardless of what the officer arrested you for. Now, whether or not they could prove the charge is another matter. That is what you need a lawyer for. Your lawyer will review all of the evidence, investigate the case, negotiate with the DA, and advise you about what your best course of action would be.

As far as the video goes, that is something that the DA will likely consider when deciding what to charge you with, and it's something your lawyer will review to determine how best to fight your case.

Posted

Yes the police officer makes a recommendation. The DA files criminal charges. They can file anything that they think they can prove in court.
Robert Driessen

Craig S Orent

Craig S Orent

Posted

I'm sorry but how is that not the law? Your answer says the same thing.

Robert Laurens Driessen

Robert Laurens Driessen

Posted

There is no Grand Jury for a DUI in California and the DA is not held to a probable cause standard in filing charges. When filing charges in California a DA should only file when they feel they can prove the charge beyond a reasonable doubt. The specifics of law between states are significant enough that I feel it is inappropriate for an attorney not licensed in that state to give a valid answer. If you chose to answer questions in other states that is your prerogative, however I would advise against it.

Craig S Orent

Craig S Orent

Posted

This is not the place to debate, but I have to respectfully disagree. As I said in my answer re the GJ "in most jurisdictions," and the standard you cite as to whether a prosecutor should/can proceed with a prosecution is an "ethical" standard, not the standard applied at the PH......

Robert Laurens Driessen

Robert Laurens Driessen

Posted

I will cease this pointless debate but the fact that you think a preliminary hearing is required in California for a misdemeanor DUI proves my point as to why you should not answer questions out of Arizona. People are not asking for general answers here. They are looking for help. It is more helpful to those that ask questions to get answers from someone licensed in the state their legal question is based on.

Posted

The short answer is "yes" -- but that's not as bad as it sounds.

You have two issues -- (1) what can the D.A. charge; and (2) can the video help. As to the first, the D.A. can charge whatever they want. And they overcharge ALL OF THE TIME. But this isn't necessarily bad. If your lawyer is good, and is willing (and eager) to go to trial, then they can use overcharging to undermine the entire case. Overcharging allows a defense attorney to argue to a jury "the prosecution wants you to believe that defendant did (A, B, and C). There is absolutely no evidence of (B and C). So how can you, the jury, trust the evidence related to (A)." Remember, the jury has the power to take away all of the power held by the D.A. And if you have video evidence that undermines the D.A.'s case, then you are in a good position for trial.