Legal Question in Criminal Law in New York

Re: misdemeaner to felony

Charges can be upgraded after arrest and before arraignment due to changed circumstances. If the case is going to be presented to a Grand Jury for indictment, you must be given notice allowing you the opportunity to testify. You may contact my office @7188340087 for a free phone consultation.

Re: misdemeaner to felony

This is an interesting question. More often, felonies are downgraged to misdemeanors both before and after arraignment.

1. The prosecution can 'amend' (change) the charges and add a felony count.

2. If they do add a felony, you get more rights. If you are charged with a felony you can force the prosecution to submit the matter to a group that will decide if the DA has a reasonable case or not. This group is the 'Grand Jury'. The Grand Jury decides not on the defendant's guilt/innocence, but on whether the prosecution has a reasonable case or not.

You can make the DA present his case before he is ready and that could prove very helpful. The whole thing could be thrown at at that stage; well before any trial begins.

It is not a high probability that the charges will be dismissed, but seeing the DA's case early is a good thing.