Legal Question in Criminal Law in California

I have two questions does Cal.Pen.Code `1009 apply to a misdemeanor case, where the prosecutor amends a complaint? and does Court lose "subject matter" jurisidiction over a case when the complaint is amended to charge the defendant of an offense not included or more severe charge, particularly where the Defendant originally "not guilty and demanded trial" on the lesser lodged charge


Asked on 9/26/10, 9:34 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Yes, section 1099 applies to misdemeanor cases. I don't see how an amendment could deprive the court of subject matter jurisdiction, but it might benefit the defendant in other ways.

Read more
Answered on 10/03/10, 6:32 pm


Related Questions & Answers

More Criminal Law questions and answers in California