Legal Question in Criminal Law in California

After you get arrested..can the police add on more charges then what the report had on it?


Asked on 11/12/09, 6:37 pm

2 Answers from Attorneys

Brian McGinity McGinity Law Office

Yes, The Police report is nothing more than a record of the information used by the Police to keep track of the actions, evidence and procedures that may have led up to the arrest, or occurred during the arrest or that the arrest was based upon. Generally Law Enforcement will make recommendations as to what charges they feel should be brought against the suspect. However, the District Attorney's office actually files the charges against the suspect. They can change the way the charges are filed, including reducing the charges or increasing the charges. If the Police gather additional evidence that increases the degree or amount of charges which have been filed the District Attorney can also amend the complaint and add or reduce charges at a later date as well.

If you have any questions feel free to contact my office for an explanation.

Good luck

Brian McGinity

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Answered on 11/17/09, 7:02 pm
Terry A. Nelson Nelson & Lawless

Yes, at any time. The only proper advice to you is 'hire an attorney'. If you can't afford one, apply for the public defender. If this is in SoCal courts, and you're serious about doing so, feel free to contact me.

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Answered on 11/17/09, 7:36 pm


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