Can police change your charges after they arrest you? 61 Answers as of June 25, 2013

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?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
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
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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: 10/5/2011
Law Offices of Sean Logue
Law Offices of Sean Logue | Sean Logue
They can change the charges, but the Miranda warnings argument likely won't help.
Answer Applies to: Pennsylvania
Replied: 9/19/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
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: 9/15/2011
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
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
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    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: 9/14/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    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: 9/14/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    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: 9/14/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    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: 9/14/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    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: 9/14/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    In a number of cases the prosecution reviews what the cop wrote and then files additional charges or different charges from those first expressed. Miranda rights only apply if in custody and questioning.
    Answer Applies to: Nebraska
    Replied: 9/13/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Yes, the government is usually permitted to amend charges anytime before trial. Miranda rights need only be read for persons who wish to waive their right to remain silent and make a statement. Miranda rights are necessary to make a legal arrest.
    Answer Applies to: Colorado
    Replied: 9/13/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The police officer that arrests you or cites you for a violation puts down the violation he thinks you did. His report of the incident is then passed through channels. When it gets to the prosecutor it comes with a recommendation by the police as to what should be charged. The district attorney then reviews the report and makes a determination on what laws were violated and what charges should be filed. At any time in this process the charges you were told can be adjusted to what the attorneys feel you violated. Yes the charges you were told at your arrest can be changed before you go to court. Miranda rights only apply to statements or answers made by you during an in custody interrogation. If your Miranda rights were violated you can still be charged. The remedy for this violation by the police is to exclude all the statements and any evidence obtained as a result of the statements.
    Answer Applies to: California
    Replied: 9/13/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    You are not technically charged until the paperwork is performed. As far as miranda rights, if you did not give a statement then miranda does not apply.
    Answer Applies to: Alabama
    Replied: 9/13/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    Yes, the police can charge you with whatever they think they have evidence enough to prove.So if they arrested you for disorderly and then found other evidence they can charge you with more.If they did not read you your MIranda rights, they cannot use what you say against you in a court of law.Your attorney would have to file a motion to suppress anything that you said during the investigation.
    Answer Applies to: Utah
    Replied: 9/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police do not have to read you the Miranda Warnings unless they interrogate you while you are in custody. The prosecutor can charge any crimes that are possible even if they were not charged when you were arrested. They can move to amend the information or criminal complaint, file a new criminal complaint, or indict you for any felony that the Grand Jury believes is made out by the testimony of the witnesses the prosecutor calls.
    Answer Applies to: New York
    Replied: 9/13/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, the police can change your charges after arrest.
    Answer Applies to: Georgia
    Replied: 6/25/2013
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    DA can change charge after arrest. Miranda rights only apply to whether statements taken from arrested suspect are admissible in court.
    Answer Applies to: Texas
    Replied: 9/13/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You can be charged with any offense that the District Attorney thinks is justified even if you weren't orginally arrested for it. You do not have to have your Miranda rights read to you unless the police question you while you are in custody.
    Answer Applies to: California
    Replied: 9/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It is not the police but the prosecuting attorney that decides what charges to bring. Yes, the prosecutor can charge differently than what the arrest was for. The police only have to read you your rights if they are going to question you.
    Answer Applies to: Michigan
    Replied: 9/13/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Yes, charges can be added or deleted after the arrest. Miranda rights must be read if you are under arrest and being questioned.
    Answer Applies to: Minnesota
    Replied: 9/13/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The police can take a person into custody for what they believe is the offense, confer with a prosecutor or other offense and determine that there is a different or additional offenses to be charged, and you can be charged with those. In fact, charges can be added even after you begin going to court. With regard to your Miranda rights, the only effect of the failure to read your rights to you is if you made inculpatory statements in response to questions while in custody, those will be suppressed.
    Answer Applies to: Texas
    Replied: 9/13/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    They can change the charging theory at any time. Often a more experienced officer, or prosecutor if they have one, will look at the case and at times make amendments.
    Answer Applies to: New Hampshire
    Replied: 9/13/2011
    The Law Office of B. Elaine Jones
    The Law Office of B. Elaine Jones | B. Elaine Jones
    Yes the police can amend or change the charges after they arrest you as long as they have the evidence to substantiate the charges. If they did not read you your Miranda rights there may be an issue. It depends on whether they interrogated you and if you gave them any information that incriminates you in any of the charges filed. The Miranda right does not come into play unless you incriminate yourself in questioning done by the Police without reading you your Miranda rights. It is not a get out of jail go home your free card however. It would allow your attorney to file a Motion to Suppress any statements made by you during interrogation so that they could not be used against you in Court. Good Luck to you.
    Answer Applies to: Florida
    Replied: 9/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. They can change the charges. The remedy for not being read your rights ("Mirandized") is that any admissions found to be involuntary that you may have made to the police cannot be used against you. It does not mean an automatic dismissal of the charges against you. The police know this so they don't bother Mirandizing you if they don't need your statements or a confession to prove your guilt.
    Answer Applies to: New York
    Replied: 9/13/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes they can change the charges. They do not have to read Miranda unless they have you in custody and they want to interrogate you. Otherwise they can just take you to jail.
    Answer Applies to: Michigan
    Replied: 9/13/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    The charges can be lowered, increased, or changed at any point up to the point of a trial. If you were not read your Miranda Advisory while being interrogated in custody, then any statements you gave would be deemed inadmissable in court.
    Answer Applies to: Minnesota
    Replied: 9/13/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    I'm not sure how/what was changed, but can things differ in what you were arrested for vs. what you were charged with? Yes. The charging decision is exclusively up to the prosecutor. Miranda rights only come into play if you're in custody (arrested or the functional equivalent of an arrest) and being questioned. Many people are arrested and never read their rights. If they were supposed to read your rights, but didn't, any statement will be thrown out, but it won't necessarily invalidate the entire arrest or the whole case.
    Answer Applies to: California
    Replied: 9/13/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Yes they can. Contrary to popular fantasy the only thing that happenswith Miranda warnings is if they don't read them to you and you make a statement they CANNOT USE IT AGAINST YOU. Otherwise, no harm, no foul.
    Answer Applies to: California
    Replied: 9/13/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Yes, the police are free to add other charges to your citation after your arrest as long as there is probable cause to believe you may have committed additional offenses.
    Answer Applies to: Minnesota
    Replied: 9/13/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    1. Yes, the prosecutor can change the charges before they are filed in the trial court. With the court's permission they can also amend charges, or drop the originalaccusationand bring a new based on the facts. 2. No. It doesn't work that way. The whole thing about the case being dropped if you aren't read your rights is a Hollywood generated myth. The reading of rights (the Miranda warning) is only required if (1) A police officer (2) Has a person in custody and (3) wants to question that person. No questioning = no warning necessary. If the person is not read the warning a statement made by that person cannot be used against him/her. If there is enough evidence to convict the person without the statement, he can still be prosecuted and sent to jail.
    Answer Applies to: Georgia
    Replied: 9/13/2011
    Law Offices of Andrew Bouvier-Brown
    Law Offices of Andrew Bouvier-Brown | Andrew J. Bouvier-Brown
    Yes, you can be charged with something other than what the police originally arrested you for. First of all, to be clear, the decision to charge you with a crime, or not charge you at all, or charge you with something other than what you were arrested for, is NOT, repeat, NOT the police's decision to make. The police like to cultivate the image that they have the ability to decide what you are charged with and how it gets charged; they create that image because it makes them seem more powerful and therefore makes suspects more eager to cooperate. However, it is always the decision of a prosecuting attorney (the district attorney, usually, sometimes a city attorney) to file or not file charges, and all the police can do is ASK the prosecutor to file them. As to your Miranda question, the police do not have to read you your Miranda rights unless they intend to question you AND use what you say against you in court. Furthermore, they are not required to read you your rights unless you are actually in custody (which means something different in court than your common sense would understand it to mean) when they question you. It sounds as if you need to speak to an attorney. Most criminal defense attorneys, including myself, offer consultations free of charge and with no obligation.
    Answer Applies to: California
    Replied: 9/13/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, charges can be amended, added to, etc. any time prior to trial. If you are in custody and being interrogated, then you must be read your Miranda rights. If you were supposed to be read them and weren't, the police cannot use your statements against y you in court but can use any other evidence they have against you.
    Answer Applies to: Colorado
    Replied: 9/13/2011
    Reza Athari & Associates, PLLC | Riana Durrett
    In Clak County, Nevada, when a defendant is arrested, the police report and other information goes to a screening panel at the District Attorney's office. The screening department decides what charges, if any, to issue against a defendant. Therefore, the charges in the complaint or grand jury indictment can be different from what the police officer originally said the arrest was for. The area of law involving Miranda Rights is somewhat complex and should be discussed with your attorney.
    Answer Applies to: Nevada
    Replied: 9/13/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    It doesn't matter what the police tell you so long as they have probable cause. The prosecutor determines the charge. The police must read Miranda rights before they question you if you have been arrested.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Disorderly Conduct can be charged by police or referred to the prosecutor up to one year after the alleged offense. This is true regardless of what the cops said or did. As for your Miranda rights, they only apply to interrogation while you are in custody. That means you were not free to leave and that the cops questioned you during your detention. If you just voluntarily start talking, you're not under interrogation and it will be up to a judge to determine if your statements are admissible. If may turn out that your statements will be inadmissible by the court. Then the question will be can the prosecutor prove you guilty without your statements. If he or she can, the fact that you were not read your rights is of no consequences to your defense. This is a prime example of the need to hire a qualified and experienced attorney ASAP.
    Answer Applies to: Washington
    Replied: 9/12/2011
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes, they arrest you for suspicion of one charge, but later they find that you actually committed a different charge. Also, ultimately, the prosecutor decides what charges to file or not file.
    Answer Applies to: Colorado
    Replied: 9/12/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    Officers can change the charges to whatever they want within the first three days of your arrest. Then the prosecutor can change them again later.
    Answer Applies to: California
    Replied: 9/12/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    Yes the police and the State's attorney can change the charges basically anytime prior to trial. After an arrest, the police have discretion while they book you as to what charges to bring. After that, it's up to the State's Attorney to decide what charges to prosecute. Additionally, failure to give Miranda warnings is not fatal to the arrest. Miranda only applies to in-custody interrogation. So if you were arrested and not asked any questions about the crime, the police officer does not have to give the Miranda warnings. If he did question you about the crime without giving Miranda and you made admissions, those admissions are subject to suppression at trial and are not admissible.
    Answer Applies to: Illinois
    Replied: 9/12/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. In fact it's the prosecutor that charges, not the police. Reading your rights only matters if you made confessions while under arrest.
    Answer Applies to: Michigan
    Replied: 9/12/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Yes, the police can change your charges and increase the level of severity or decrease it. Many times it depends upon their receipt of further proof regarding your case. Sometimes it is because they were nothappy with how you responded to them during an arrest or afterward. Of course, they still must prove whatever charges theylodge against you and that's when you'll need the services of the best criminal defense lawyer you can find. That can make abig difference tothe outcome of your case. If you didn't make any statement to the police, then it won't matter whether they read you your rights or not.
    Answer Applies to: New York
    Replied: 9/12/2011
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    Yes. Not only can the police change your charges, the District Attorney's Office can change them as well, (higher or lower) and they can continue to change them any time until the case is resolved. If you were not read your Miranda Warnings and you were in custody, then any statements that you made as a result of police questioning can be suppressed by a judge, preventing the District Attorney from using them against you at trial. They may use any other legal evidence obtained however.
    Answer Applies to: New York
    Replied: 9/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    The police can change the charges pretty freely until trial actually begins. Failing to read Miranda warnings after your arrest is only important if they questioned you. If so, your answers might not be admissible at trial.
    Answer Applies to: Oregon
    Replied: 9/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Charges a person is booked on and the eventual charges in a court complaint can be different. It is not unusual to have the charges reviewed by the prosecutor and changed from the original booking charge. The police do not always have to read you your rights when arrested. Only under the circumstances whereby interrogation is accompanied by custody does Miranda come into play as a required course of action.
    Answer Applies to: Kansas
    Replied: 9/12/2011
    Law Offices of David L. Smith
    Law Offices of David L. Smith | David Lee Smith
    All the police do is investigate the crime at the moment or shortly after the crime has taken place and arrest those who are involved. They then write the "report" and turn-it over to the District Attorney. The DA then decides what charges are to be brought against you based on the facts outlined in the report. In other words the charging document can be either the same as the police recommend, worse (more charges) than the police recommend in their report or better (less or no charges) than the police recommended in their report. "Miranda" rights are only required when the police are going to question you (about the crime)when you are in a custodial setting (not free to leave), otherwise all of your voluntary statements will be used against you.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Police cannot charge individuals with crimes. This is the District Attorney's job solely. However, police may recommend which charges to file. Since that is the case, charges may be increased even after your arraignment date.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    The Prosecutor can file charges against you that are different than what the arresting agency claimed they arrested you for. Also, even after charges are officially filed, a prosecutor can amend the complaint to add or take away charges. You can call me at 818-336-1384 if you would like to discuss your case in more detail. Also, if you were not read your Miranda rights, then it may be possible for statements that you made after your arrest to be "suppressed" so they cannot be used against you in Court. I would recommend consulting with an attorney to speak about your case in more detail.
    Answer Applies to: California
    Replied: 9/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, police don't file charges. That is up to the prosecutor who reads the report. Second of all, Miranda isn't required until you have been arrested, and only if you are interrogated post arrest. On a disorderly conduct charge, Miranda (or lack thereof) is very unlikely to be an issue. You should contact an experienced attorney, who may be able to negotiate some kind of reduction so that you only have to plead to an infraction, or earn a dismissal.
    Answer Applies to: California
    Replied: 9/12/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    What the cops arrest you for versus what you are "booked" for is probably not a major issue. It is the DA who decides what charges to pursue. Cops only have to provide a Miranda warning if they want to interrogate you in a custodial situation.
    Answer Applies to: California
    Replied: 9/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Yes. Charges may be amended and modified right up to the point of trial by a prosecutor if the the charges are supported by probable cause based on the facts.
    Answer Applies to: Minnesota
    Replied: 9/12/2011
    Laguzzi Law, P.C.
    Laguzzi Law, P.C. | Carina Laguzzi
    Yes, the police can tell you (although they are not obligated to tell you) charges when you are first arrested, and then you can be charged formally with other charges. In some counties (like Philadelphia), it is the District Attorney who initially chooses what charges an arrestee will face. Police are only (technically, although some exceptions can apply) required to read out the Miranda warnings if they want to interrogate you. (Of course, as you probably know that they read them or not, then you probably know them and you know NOT to say anything.) Discuss the specifics of your case with your attorney, especially if you made an incriminating statement.
    Answer Applies to: Pennsylvania
    Replied: 9/12/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Your charges can be changed by the police or by the prosecutor within the applicable statute of limitations. If your rights were not read to you a motion can be filed with the Court to suppress, not allow the use of your statement or statements, at trial.
    Answer Applies to: New Jersey
    Replied: 9/12/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Melissa Hoffman
    Charges against you can be added or changed, usually by the Prosecutor in your matter. Failure to read Miranda rights could provide the basis for keeping self-incriminating statements out of evidence.
    Answer Applies to: Massachusetts
    Replied: 9/12/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The police can arrest you for whatever they have reason to think you did. But the police can't charge you. That is up to the prosecutor's office. Once the prosecutor reads the police report, he or she can charge you with whatever they believe can be proven in court. Sometimes the case is rejected. Other times, people are charged with more serious crimes than they were arrested for. As to the Miranda rights, the cops only have to read you your rights if they plan on questioning you while you are in custody. If they forget to do that, it does not mean the case is over. It just means that your statement cannot be used against you in court.
    Answer Applies to: California
    Replied: 9/12/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    Yes, charges can be changed after the arrest, though it is done at that point by the prosecutor. If the prosecutor views the evidence and believes that it warrants more serious charges than those filed by the police, the charges can be substituted. Also, if police develop evidence after the arrest, they may apply for a new arrest warrant and arrest you again. A Miranda violation can help your case by allowing an attorney to suppress evidence- typically statements-obtained from a suspect during an interrogation.
    Answer Applies to: Connecticut
    Replied: 9/12/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Yes, depending on what you have done, the police can change charges. The police's charges are usually recomendations based on your conduct, the DA or City Attorney makes the final decision on these things.
    Answer Applies to: California
    Replied: 9/12/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Yes the police can drop or upgrade charges.
    Answer Applies to: New York
    Replied: 9/12/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    No, but the District Attorney can.
    Answer Applies to: Texas
    Replied: 9/12/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Sure, charges can be changed or added any time. As far as Miranda rights, it is not necessary for the officer to read you Miranda rights. It is only necessary if the officer wants to ask you additional questions, or you decide you want to talk. In either of these situations, Miranda becomes necessary.
    Answer Applies to: Washington
    Replied: 9/12/2011
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