Law Offices of John Carney | John Carney
The prosecutor can ask the court for permission to file an amended felony complaint and it will be granted. They can change the crime charged or make changes to the original complaint to correct errors or make additions. They will then have the choice to run a felony hearing or go to the Grand Jury to indict the case.
Answer Applies to: New York
Nelson & Lawless | Terry Nelson
It means he is adding additional criminal charges, and requesting a Preliminary Hearing on them. Not unusual. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Law Office of Eric Sterkenburg | Eric Sterkenburg
Sometimes the DA thinks that with further investigation additional charges will show up. In a case like the one you asked about the DA is giving notice to the court and the defendant that additional charges or counts will be filed against the defendant. When a person is arrested for a crime he has a number of days before his preliminary hearing has to be held. To make this go past that time the defendant has to make a time waver. It seems from the facts given that the DA will not have all the charges ready by the time of the prelim.
Answer Applies to: California
Myles Hahn III Attorney at Law | Myles Hahn III
Filing an amended complaint simply means filing another document to properly charge someone with a crime. Request for preliminary hearing means that it is a felony (which requires either an indictment or a preliminary hearing). If you are the defendant, you should by now have gotten the assistance of an experienced criminal attorney to assist you.
Answer Applies to: Illinois
Randall M. England, Attorney at Law | Randall M. England
Prosecutors sometimes get new information and will rethink their charging decisions. An amended complaint will change the charge in some way, but they must have the court's permission. Setting the case for a preliminary (probable cause) hearing is normal whether or not the charges are amended. It is often unwise to oppose an amended complaint because if the court does not allow it, the prosecutor will just dismiss the charge and refile the new one *without the court's permission*. That may cause a new warrant to be issued and the defendant to have to post a new bond.
Answer Applies to: Missouri
Connell-Savela | Jason Savela
It means that they are changing the charging document in some way. This means the charges are changing in some way, maybe add a charge, maybe dismiss a charge, maybe change the way a charge reads. If the changes affect a charge that either make a PH available or not available, then that may explain the other issue.
Answer Applies to: Colorado
Mary W Craig P.C. | Mary W Craig
You did not finish your question, but I take it that you were charged with a crime, and now the DA is going back and amending to charge you with something else. That's common if, for instance, a defendant is charged with theft below $500 and then the victim discovers more things are gone and the value is now above $500. It also happens when a defendant is charged with assault and the victim dies. The DA will then amend the complaint to charge murder. The new charges will require a new preliminary hearing.
Answer Applies to: Alabama