Legal Question in Criminal Law in Texas
Can a judge change the drug you were arrested for, to something else so you are charged for another drug? Apprendi v. NJ 530 US 466, 490 (2000).
Asked on 3/13/11, 12:16 pm
1 Answer from Attorneys
Cynthia Henley
Cynthia Henley, Lawyer
Judges do not change the charges - prosecutors and grand juries do. And, they cannot change the type of drug unless the lab shows something different that what the original arrest was for.
Answered on 3/20/11, 5:51 pm
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