Can more charges be imposed if the criminal is already incarcerated? 19 Answers as of July 18, 2011

If a person is incarcerated waiting for trial on 3 counts of parole violations, can more charges be imposed if the criminal is already incarcerated?

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A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
Yes, you can be charged two separate ways for the acts that led to the parole violation allegations. They can allege parole violations for the acts as they relate to the defendants terms of parole on the original case and they can also be charged separately in new cases for the acts if they constituted a new crime as well as parole violation.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes, he can be charged with any crime that is still within the statute of limataions.
Answer Applies to: California
Replied: 7/15/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes. Whether or not a defendant is in custody is irrelevant to charges being brought.
Answer Applies to: California
Replied: 7/14/2011
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Yes.
Answer Applies to: California
Replied: 7/14/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes as long as they relate to the pending charges.
    Answer Applies to: California
    Replied: 7/14/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    The answer is it depends upon the status of the case. If the defendant has not been tried yet, then the prosecution can ask to amend the charges to add the new charges even if the person in custody waiting his hearing or trial.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Yes, as long as the case hasn't resolved, additional charges can be added whether or not they're in custody. If the case has already resolved and the new charges are from the same conduct and they were known or should have been known at the time of the resolution, the prosecution may be prohibited from going forward.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    Yes, absolutely.
    Answer Applies to: California
    Replied: 7/14/2011
    Bird & Van Dyke, Inc.
    Bird & Van Dyke, Inc. | Mary Ann Bird
    Yes.
    Answer Applies to: California
    Replied: 7/14/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    Yes. Usually, the investigating detectives or police agencies may find more evidence and forward that information to the prosecuting agency. If there's enough evidence to charge a person with any additional crimes, the prosecutor will not hesitate to do so.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Yes. If the District Attorney can justify adding more charges, it is irrelevant that he is already incarcerated.
    Answer Applies to: California
    Replied: 7/14/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Absolutely if there are facts / evidence to support new allegations.
    Answer Applies to: California
    Replied: 7/14/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Yes, at any time before trial. However, the longer it takes to add the charges and gets close to the the trial date, the judge can continue the trial for cause.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. The prosecutors can add, amend, or reduce counts as they please.
    Answer Applies to: California
    Replied: 7/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The prosecutor can amend at any time he feels he can prove additional or different charges.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Yes, it is possible for new charges to be imposed even if the defendant is incarcerated on other charges. Although, if he was in jail at the time of the alleged crime, then that is a pretty good defense.
    Answer Applies to: California
    Replied: 7/14/2011
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