Is an assistant DA allowed to modify my arresting charges almost 2 years later right before court by changing and adding charges?

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Is an assistant DA allowed to modify my arresting charges almost 2 years later right before court by changing and adding charges?

Asked on September 11, 2015 under Criminal Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, they can do this the charges are not final until the case is brought to trial, and the authorities frequently modify them--by adding, dropping, changing, etc.--charges after the arrest but pre-trial, based upon either additional or new information they find, or based upon changes in circumstances e.g. if you assaulted someone and they later died from their injuries, they can change the charges from assault to murder.


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