Can a 2nd degree mistormiter be changed to a felony

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Can a 2nd degree mistormiter be changed to a felony

I have a charge for pitty taft 2nd
degree mistormiter. And the state has
made it a felony offence

Asked on November 20, 2018 under Criminal Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, IF it pre-trial: the offense you are charged with may be changed before your trial. (If the change is sought very shortly before trial, it may take judicial approval to change it, but a change made a reasonable time before trial is something the state can do without the judge okaying it.) After trial, however, your charge(s) may NOT be retroactively changed.


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