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Can the prosecution upgrade charges at anytime during the criminal process?

Midlothian, VA |

if a victim losses his limb in a shooting and the prosecution has knowledge of this fact how can one fight the prosecution upgrading a charge if the defendant case has been to the grand jury and been indicted on lesser charges

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Attorney answers 2


Yes the prosecutor can amend the charges to add counts or increase current charges.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at


Yes the prosecutor can upgrade the charges.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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