Legal Question in Criminal Law in Florida

Re:New Charges

If my brother was initially charged with 2 counts of 1st degree attempted murder and firearm possession charges, can the state change the two 1st degree charges to 2nd degree attempted murder and add 1st degree charges to a victim that was not mentioned on the initial arrest affidvit form, and a victim that was deported and snuck back into the U.S. illegally, and he is no where to be found three years later? Doesn't the defendant have a right to approach the victim in a court of law. Can these new charges added stick because he is scheduled for an arraignment on those added charges next week. I asked this queston earlier however I did not put the details.


Asked on 10/17/08, 10:16 am

1 Answer from Attorneys
Jason Pollack Jason A. Pollack, Esq.

Re: Re:New Charges

The State can proceed on charges with or without the presence of the victim. Unless the victim's actions are related to the case as charged, the prior misdeeds of a victim are irrelevant to the action at bar. The defendant has an absolute right to confront the STATE in Court and make them prove the integrity of their case. The availability of the victim to testify could, of course, effect their ability to prove their case.

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Answered on 10/17/08, 2:38 pm


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