Legal Question in Criminal Law in Tennessee
I was arrested and charged with criminal trespassing and released on a misdemeanor citation. When I went to court they arrested me for criminal attempt burglary of a building and charged me with a felony and dropped the misdemeanor. Is this legal?
Asked on 5/24/13, 11:07 am
1 Answer from Attorneys
Yes, it is legal to "upgrade" a charge from what you were originally cited/arrested with, to a more serious charge, if the prosecutor has "probable cause" to believe the greater charge is warranted by the facts and obtains a warrant from a judge or a sealed indictment (presentment) from a grand jury.
Answered on 5/24/13, 1:31 pm
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