Legal Question in Criminal Law in California

You mean the crime he actually did? If he was already tried and acquitted or convicted of the first charge, and the first and second charges are sufficiently similar, this might constitute "double jeopardy."

If you mean while charges are pending, then yes. The prosecutor can amend and add different charges or new charges, although the defendant has the right to be arraigned on and defend the new charges.

Of course. You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. Charges can be added or changed at any time in the process if supported by the facts.