Can a charge be changed at a later date?

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Can a charge be changed at a later date?

While conducting a search of my car the officer found 5 pills. I was charged with poss of schedule IV because he assumed they were Xanax. They were not. After they send off the pills to the lab can my charge be changed to a schedule II?

Asked on March 15, 2019 under General Practice, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Charges can be changed fter the fact. This can be do to new information or to correct an error. In factt charges can not onlt be ameded, they can be outright dismissed if the prosecutor deems it appropriate.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, charges can be changed later. Charges may be increased or decreased based on new information or recently discovered facts; they may also be decreased (or even dismissed) at the prosecutor's discretion (free choice) if he or she deems it appropriate to do so.


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