Legal Question in Criminal Law in Florida
changing charge from obstruction w/out violence to with violence
Can a prosecutor change a charge of resisting without violence to resisting with violence after fromal charges were filed for without violence and the police report says obstruction without violence?
1 Answer from Attorneys
Re: changing charge from obstruction w/out violence to with violence
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Yes, a prosecutor can change the charges filed based on evidence that is produced or discovered. Of course, this may make the case of the prosecutor much more difficult to prove. Usually, charges which are changed are filed downward (lesser offenses) and not for a more serious crime.
Scott R. Jay, Esq.
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