First they charge as lesser charge dropped it pick it up as a felony it was a gun charge
Short answer: yes, you can originally charges with one offense, then subsequently be charges with another. Get with your attorney.
Yes. A case can be filed (or refiled or the charge changed) against you at any time within the statute of limitations period. On a felony, the minimum SOL is three years. So as long as it has been less than three years since the alleged offense, the State can file the new case.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Please consult an attorney who practices criminal law in your jurisdiction for the most accurate legal advice.
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