Legal Question in Criminal Law in Colorado

I have a friend who was initially charged with meth possession (over a year ago). Law enforcement tested the drug in front of him during the booking process and informed him of so. 15 months later, said friend decided to have the drug tested by an independent source. The independent source said it tested positive for cocaine. My question to you is, can a prosecutor now change an information to read that my friend is now being charged with cocaine possession instead of meth possession? Isn't that changing the "substance" of the information if a prosecutor tried to do that?


Asked on 7/23/11, 5:01 pm

2 Answers from Attorneys
H Michael Steinberg A Colorado Criminal Defense Law Firm

A prosecutor in Colorado has the right to amend the charging document - usually called the Complaint and Information - at any time to confirm to the evidence. This can be done up to the day of trial. It can even be amended during the trial with the permission of the judge in the right kind of case.

This is a rule contained in the Colorado Rules of Criminal Procedure.

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Answered on 7/23/11, 6:38 pm
V. Iyer Iyer Law Office, L.L.C.

So long as double jeopardy has not attached the prosecutor can add or amend the charges. Further, prosecutor can add or modify charges so long as the defense is not surprised or not placed on adequate notice even during the end of trial (before submission of case to the fact finder, judge or jury). However, judges will rarely allow such last moment changes to the charges. But if the case is not set for trial or the has not plead guilty to the charge tbe Judge will allow the amendment to the charges.

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Answered on 7/23/11, 6:54 pm


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