After you have been charged with a crime can the court system issue additional charges? 8 Answers as of August 03, 2011

My son was issued a MIP he ran from the cop and got caught. The police officer only ticketed him for the MIP. A week and half later the prosecutor added addition charges for resisting and issued a warrant for his arrest. The ticket only has the charge of MIP. My understanding they are not going to come and arrest him they are going to wait until he goes to court on Tuesday. Can they legally do this or should it have been on his ticket he was issued? He was never arrested or read his rights.

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Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Charges can be amended up to the date of trial. There are sometimes time requirements for allowing discovery and preparation prior to trial, but amendments can be made. After the first witness is sworn, jeopardy attaches and prevents amendments. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 8/3/2011
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes they can do this and no thye do not have to read him his rights unless he is under arrest and they want to question him. Get an attorney.
Answer Applies to: Michigan
Replied: 8/3/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Yes.
Answer Applies to: Michigan
Replied: 8/3/2011
Dunnings Law Firm
Dunnings Law Firm | Steven Dunnings
Yes they can and whether his rights were read to him deals only with the admissibility of a confession
Answer Applies to: Michigan
Replied: 8/3/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
The police officer is not the person who ultimately determines what charges are brought. That is the obligation of the prosecuting attorney. After reviewing the police report, the prosecutor can determine what charges, if any, will be brought. What was done here is proper. He will be arraigned on all charges when he appears in court. There is always a possibility of a plea bargain in cases like this and your son should seek the advise of a competent criminal defense attorney.
Answer Applies to: Michigan
Replied: 8/2/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The prosecutor is the one who decides what charges to ultimately file. It is not uncommon for additional charges to be added after reviewing the police report or speaking with the officer. They can do this and they often do. Resiting & Obstructing is a frequent charge that is often added. I would suggest retaining an experienced criminal attorney in your area as soon as possible.
    Answer Applies to: Michigan
    Replied: 8/2/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Yes, that is legal and happens often.
    Answer Applies to: Michigan
    Replied: 8/2/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Totally legal. The charges can always be amended by the prosecutor. Rights do not have to be read as long as no admissions are sought.
    Answer Applies to: Michigan
    Replied: 8/2/2011
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