Legal Question in Criminal Law in Florida

My boyfriend was charged with lewd and lascivious conduct and was told that the time-frame that it happened was between May 2011-October 2011. His public defender sent a notice of alibi along with proof to the state attorney stating that he was in jail during that time of said crime. Once the state attorney received the documentation, they in turn went and amended the information stating that it didn't happen in 2011 but in 2010. Is that legal?


Asked on 2/16/15, 8:24 pm

1 Answer from Attorneys
Eric Trabin Lucid Legal, PLLC

Yes, it is perfectly legal for the State to amend the information prior to trial. Sometimes they are even permitted to make an amendment after the trial has already begun, but they are far more limited in such situations.

Depending upon the situation, this may or may not hurt your boyfriend. Although he may not have been incarcerated at the time, the alleged victim might have originally said 2011 and now is changing his/her story.

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Answered on 2/17/15, 7:15 am


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