Prosecutors can add or change charges
Did you know that when a person is arrested, the prosecutor can change the charge when it comes in to court? Not only can a prosecutor change the charge, but a prosecutor can also add charges on top of what a person was arrested for. Many times, a person will be arrested on one charge, then months later will get a court notice in the mail that has new charges added on. Prosecutors do this to try to make sure they get a conviction on something; so that if there is a defense to one charge, perhaps they can get a conviction on the other charge. For example, prosecutors almost always charge a DUI alcohol case with 2 charges: DUI over 0.08 Blood Alcohol, and DUI Less Safe. That way, if the test results are less than the legal limit, or become inadmissible due to an error by the officer, breath test machine, or crime lab toxicologist, the prosecutor can still pursue a DUI charge by alleging that the accused was an unsafe driver due to consuming alcohol. If you have been charged with a crime that is different than what you were arrested for, consult an experienced criminal defense attorney. Sometimes overzealous prosecutors add inconsistent charges that actually help you in defense of your case.