Can the police change my charge from a misdermeanor to as felony after I’ve been charged as a misdermeanor and released on an I bond?

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Can the police change my charge from a misdermeanor to as felony after I’ve been charged as a misdermeanor and released on an I bond?

I was charged with aggravated assault on a police officer. He said that swung on him. They charged me with a misdermeanor and they released me on an ibond. Thenthey came to my families house and they said that I was wanted for a felony(aggrvated assault). Can they do that? Can I beat it in court?

Asked on June 8, 2012 under Criminal Law, Illinois

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Charges can be upgraded or downgraded when more evidence is presented to the prosecutor's office. So during the time you were released, more information may have come to light that caused the prosecutor's office to up the charges. Beating the new charges may require you to hire an attorney to review the evidence and either present motions to dismiss charges or plea out.


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