Can police change your charges after they arrest you? - Criminal Law Questions and Answers- LawQA.com

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Can police change your charges after they arrest you?

Can the police change the charge once they take you to jail if they told you when they arrested you that it was for disorderly conduct? Also what if they did not read you your miranda rights?

Edward  D. Dowling IV Attorney at Law
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Yes, because the police only put a charge for arrest purposes, it is the prosecuting attorney who actually file the real charges which may or may not be the same as the ones the police put. The police do not prosecute the aassistant district attorneys in the District attorney's office prosecute. Miranda rights are only required if you are in custody and are being interrogated. Exactly what constitutes custody and interrogation is determined on a case by case basis depending upon the facts and circumstances.

Answer Applies to: New York
Replied: 10/20/2011

Cornish, Crowley, Rockafellow, & Sartz, PLLC
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I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If you cannot afford an attorney, the court may appoint you one at the public's expense. You are presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. Yes, charges occasionally change. The prosecutor may even add, reduce, or dismiss counts or charges while a case proceeds through the court system as well. People use the term "read me my rights" usually when they are asking about Miranda rights. Miranda rights are usually only an issue if the police wish to conduct an interrogation while the defendant is still in custody.

Answer Applies to: Michigan
Replied: 10/3/2011

Answer By Sean Logue
Law Offices of Sean Logue
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They can change the charges, but the Miranda warnings argument likely won't help.

Answer Applies to: Pennsylvania
Replied: 9/18/2011

Answer By Michael R. Nack
Michael R. Nack, Attorney at Law
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An attorney would need to know all of the relevant facts before the attorney could provide much of an answer to your questions. I would be willing to offer you a free telephone consultation to see if I can answer your questions or offer my services to you.

Answer Applies to: Missouri
Replied: 9/14/2011

Answer By Jared Austin
Austin Legal Services, PLC
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The police can cite you for additional offense or request the prosecutor add additional charges as long as it is within the statute of limitations. Miranda violations only apply to confessions and possibly excluding any physical evidence that was obtained as a result of the Miranda violation. A Miranda violation will never, ever affect the validity of the arrest itself. Also keep in mind that the police only have to read you your Miranda rights if you are in their custody and they want to ask you potentially incriminating questions. If in doubt, have an experienced criminal attorney review the police report.

Answer Applies to: Michigan
Replied: 9/14/2011

Law Office of Jonathan T. Sarre
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Yes the police can change the charges once they arrest you. In reality it's not really even up to the police what you eventually get charged with. It's up to the district attorney. The police can arrest you for one thing and the DA can decide to charge you with something completely different. If the officer didn't read you Miranda and you made statements, the statements you made could potentially be suppressed (not used against you) at a trial. It would depend on the statements you made and the circumstances you made them.

Answer Applies to: Oregon
Replied: 9/13/2011

Law Office of Richard Williams
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The police can charge you with any criminal offense after arrest up until the time they sign the arrest warrant and have it sworn by a magistrate. There is no requirement for the police to read to you Miranda warnings unless they are about to take a confession from you.

Answer Applies to: Alabama
Replied: 9/13/2011

Michael D. Fluke, P.A.
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The police can add or change the arrest charges, but ultimately it is up to the State Attorney to decide what charges will be filed. As for Miranda, it only applies if you are being questioned by the police. If you are questioned and Miranda was not recited, there is a chance the statements made can be excluded, but the charges can still remain. I suggest you consult an experienced Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.

Answer Applies to: Florida
Replied: 9/13/2011

Answer By Thomas J. Tomko
Thomas J. Tomko Attorney At law
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Charges can generally be changed at any time prior to trial. So long as due process is not denied, then a change will be allowed. Miranda will be an issue if responses to in custody interrogation are sought to be introduced at trial. Otherwise, this may not be an issue I hope that this was helpful.

Answer Applies to: Michigan
Replied: 9/13/2011

Timothy J. Thill P.C.
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Yes, police and prosecutors have broad discretion to change, or add charges to you after an arrest. Once all evidence is compiled and reviewed by the police, and with possible input from the county prosecutor, charges are added frequently and are so upheld in court.

Answer Applies to: Illinois
Replied: 9/13/2011

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