Did you know that when a person is arrested, the prosecutor can change the charge once the case goes 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.
Can Charges Be Added After Arrest?
Yes, charges can sometimes be added after an arrest if prosecutors believe the evidence supports additional allegations. This may happen after law enforcement completes an investigation, new evidence becomes available, or prosecutors review the case and decide that different or additional charges apply. Additional charges may also be added in court if the prosecutor believes the facts of the case support them and the case can legally move forward with those charges.
Why Do Prosecutors Add Charges?
Prosecutors may do this to try to secure a conviction on at least one charge. If there is a defense to one charge, they may still try to pursue a conviction on another 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. Prosecutors may also add charges when new evidence comes up, witness statements change, lab results are returned, or they believe the original charge does not fully reflect the alleged conduct.
If you have been charged with a crime that is different from what you were arrested for, consult an experienced Newnan criminal defense attorney. Sometimes, overzealous prosecutors add inconsistent charges that may actually help your defense.