Legal Question in Criminal Law in Florida

Need help re: Charges
My brother was initially charged with 2 counts of attempted 1st degree murder and one count of firearm possession by a convicted felon 3 years ago. About a week ago his two 1st degree attempted charges were lowered to 2nd degree attempted murder, and 2 more attempted degree and a 1st degree charges were filed. So all of his charges are 4 counts of 2nd degree charges, 1st dregree attempted charges and 3 firearm charges, a total of 8 charges. My questions are:
1) Can new charges be added 3 years later due to witness changing their initial story?

2) For the 1st degree attempted murder charge the supposed victim is in the country illegally, and the state cannot find him, he never gave a statement saying he was there, but the other witnesses states that he was. Can the state charge the defendant with 1st degree attempted on that person if they cant find him and does not know if he was really there?

3)If the defendant has an arraignment coming up next week, can these new charges stick? If you have any case laws that would defend your answers please attach.

Asked on 10/17/08, 4:31 pm

Valerie Masters Valerie Masters, P.A.

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Re: Need help re: Charges

Yes they can do all those things. So long as they can prove it come trial day.

Answered on 10/17/08, 4:35 pm

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