Can they police add a criminal charge to your offenses without your knowledge, after you are released on bond and before your arraignment?

My 18 year old son received a ticket for possession of drug pparaphernalia and possession of marijuana (smallest amount) – both are petty offenses. He was jailed on these tickets because he was drunk and high and it was 3 am. He was released on a $750 cash bond the next day. When he arrived for his arraignment, the ADA offered him a plea to possession and use of a controlled substance. She claimed that there was a white powder on the pocket knife they confiscated and even though they had not tested it yet and that he should just admit it was cocaine. Should he speak with a criminal law attorney? In Grand County, CO.

Asked on November 10, 2011 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

At any point in the judicial process before the arraignment and even before trial, the district attorney's office can add additional charges in the complaint against a person as what has happened with your son's situation.

Given the seriousness of the charges against him with respect to a controlled substance, I recommend that he consult with a criminal defense attorney. Good luck to you and him.


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