Legal Question in Criminal Law in Minnesota

changing charges

my son,(24 yrs old) is in jail and charged with 2nd degree assult and served almost 90 days ,we can't afford any lawyers and are using the public defender, and now they want to change the charge, from 2nd degree assult to attempted murder. can they do this. he has to go back to court on may 2nd, what can we do? please help, mom of son


Asked on 4/21/06, 10:44 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: changing charges

Without getting into the technical aspects, it is relatively easy for the prosecutor to amend a Complaint to change or add crimes charged (alleged) well before the trial starts, assuming they can allege facts which, if proven, would show that the defendant committed the crime. The defendant, through his lawyer, can challenge the factual allegations and the crimes charged via pretrial motions and hearing(s), and at trial.

I doubt there is anything a parent can do, other than trying to help son get the best legal services possible.

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Answered on 4/21/06, 1:24 pm


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