Can the court add new charges to a13 month old case?

UPDATED: Mar 22, 2013

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Can the court add new charges to a13 month old case?

I caught charges over a year ago; they were battery, public intoxication, disorderly conduct and resisting arrest. The plea deal was 20 days in jail for resisting arrest and the rest of the charges dropped. I didn’t accept the plea. Now the courts are trying to add new charges to my case 13 months later. The charges added are threat by intimidation, domestic battery because we have children together. Is it legal for them to keep adding charges?

Asked on March 22, 2013 under Criminal Law, Indiana


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

Answered 10 years ago | Contributor

If new evidence has come to light regarding the incident in question, then yes it is legal to add new charges to an exisiting case (even it if is at a later date). Exactly, why the state is doing this now is not clear but again new evidence would warrant such a modification. At this point, if you have not already done so, you would be well advised to consult directly with a criminal aw attorney in your area.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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