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