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Anonymous #1

Arrest, charge, court date, new charges?
    #10969285 - 08/30/09 08:53 PM (14 years, 8 months ago)

When will I know if the DA is bringing up more charges against me?  Will this happen at my first court date?

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Offlinesupra
computerEnthusiast
Registered: 10/26/03
Posts: 6,446
Loc: TEXAS
Last seen: 13 years, 30 days
Re: Arrest, charge, court date, new charges? [Re: Anonymous #1]
    #10969404 - 08/30/09 09:15 PM (14 years, 8 months ago)

Quote:

Anonymous said:
When will I know if the DA is bringing up more charges against me?  Will this happen at my first court date?




They should announce every charge against you at your Arraignment Hearing, which is the first one in most all cases, maybe all, but im not sure.

peace

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InvisibleTODAY
Battletoad
Male

Registered: 09/25/03
Posts: 10,218
Loc: Metropolis City, USA
Re: Arrest, charge, court date, new charges? [Re: supra]
    #10969442 - 08/30/09 09:21 PM (14 years, 8 months ago)

.


--------------------

ca'rouse (k-rouz)
intr.v.
To engage in boisterous, drunken merrymaking.

Edited by TODAY (09/07/09 02:29 AM)

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Offlinesupra
computerEnthusiast
Registered: 10/26/03
Posts: 6,446
Loc: TEXAS
Last seen: 13 years, 30 days
Re: Arrest, charge, court date, new charges? [Re: TODAY]
    #10969497 - 08/30/09 09:29 PM (14 years, 8 months ago)

Quote:

TODAY said:
That's what I figure.  Now, what if they only announce the charge that I was arrested for, can they decide to press other charges later if/when they learn that my strategy is to fight the original charge like trying to supress the evidence?




That woudl be against due process, you can't be tried for the same crime more than one time, just to add on extra charges.  Now you could plea bargain to a lesser offense, but as far as the prosecution changing your actual case after arraignment, no, can't happen.

peace

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Offlinekechlesurf
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Registered: 11/30/07
Posts: 1,103
Last seen: 4 months, 6 days
Re: Arrest, charge, court date, new charges? [Re: supra]
    #10969546 - 08/30/09 09:37 PM (14 years, 8 months ago)

I have been there, and it took them I think a week or so to issue the warrant for my arrest.  The night it happened, they didn't know what to charge me with, and I had mushrooms and marijuana going.  They took everything out of my house, and took me to the police station and let me go, and a week later issued a warrant for my arrest.  But Supra is right, you are charged at your arraignment.  But they could always go back and charge you with more stuff if they feel they can.

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Invisiblefastfred
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Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
Re: Arrest, charge, court date, new charges? [Re: kechlesurf]
    #10972674 - 08/31/09 01:39 PM (14 years, 8 months ago)

Quote:

That woudl be against due process, you can't be tried for the same crime more than one time, just to add on extra charges.




You're wrong.  Double jeapordy doesn't apply to most cases and doesn't apply nearly as much as people think.

They usually have 2 years to charge you with whatever they want.  They can charge you with one thing and later charge you with another related offence.  Your only defence would be malacious prosecution.  And that would only apply if they had all the evidence and were simply jerking you around by unnecessarily delaying charges.  It's very easy for them to claim they recieved new evidence or found additional things on later review.

And in fact you CAN be tried multiple times for the same offence.  If your trial ends in a mistrial they can simply re-charge you and you'll be tried again for the same crime. Even if you end up with a hung jury that is considered a mistrial and they can re-try you again.  In reality they usually drop the case with hung juries, but that's up to the prosecutor.


-FF

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