What does it mean when the District Attorney files and enters a motion for leave to file an amended complaint and request for preliminary hearing on a 33 Answers as of June 13, 2013

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information to answer but an amended complaint is one that is changed from the original.
Answer Applies to: New York
Replied: 9/9/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
It means they've found new things they want to charge you with. On all felonies there is a preliminary hearing unless the DA goes to the Grand Jury for an indictment.
Answer Applies to: California
Replied: 9/5/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
It means they are changing the charges. In all likelihood they are becoming more serious felony charges.
Answer Applies to: New York
Replied: 9/3/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The District Attorney can amend a complaint at any time prior to trial. A request for preliminary hearing is something that either you or your attorney would likely file.
Answer Applies to: Alabama
Replied: 8/31/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
It means that the prosecuting attorney wants to amend the charges and possibly increase the charge from a misdemeanor to a felony.
Answer Applies to: Michigan
Replied: 8/31/2012
    William L. Welch, III Attorney | William L. Welch, III
    The state is correcting an error or omission in what was filed previously.
    Answer Applies to: Maryland
    Replied: 8/29/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    They are amending the charges and requesting a new prelim. They are changing the charges.
    Answer Applies to: Wyoming
    Replied: 8/29/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    They are recharging you.
    Answer Applies to: Michigan
    Replied: 6/13/2013
    Law Offices of John Carney
    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
    Replied: 8/29/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    This means the DA believes they have probable cause to believe there are additional crimes that could be charged.
    Answer Applies to: Kansas
    Replied: 8/29/2012
    Nelson & Lawless
    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
    Replied: 8/29/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It means you need an attorney.
    Answer Applies to: Georgia
    Replied: 6/13/2013
    Steven Alpers | Steven Alpers
    It means that they want to file additional charges.
    Answer Applies to: California
    Replied: 8/29/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    He will add or change the charges.
    Answer Applies to: Illinois
    Replied: 8/29/2012
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    This probably means that they wish to add charges.
    Answer Applies to: California
    Replied: 8/29/2012
    Law Office of Eric Sterkenburg
    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
    Replied: 8/28/2012
    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
    Replied: 8/28/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    He is adding a felony charge.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Randall M. England, Attorney at Law
    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
    Replied: 8/28/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    It means a request is made to alter the language of the complaint.
    Answer Applies to: New Jersey
    Replied: 8/28/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Ask your attorney.
    Answer Applies to: New York
    Replied: 8/28/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It means they are increasing the charges and the case just got more serious.
    Answer Applies to: Colorado
    Replied: 8/28/2012
    Connell-Savela
    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
    Replied: 8/28/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It means they want to add more charges in the matter.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It means the prosecutor wishes to amend the charges which in most cases means adding additional or more serious charges.
    Answer Applies to: Minnesota
    Replied: 8/28/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It means the DA is seeking to change the charges, and that you need a good and aggressive defense attorney.
    Answer Applies to: Michigan
    Replied: 8/28/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It seems to mean they are going to file felony charges.
    Answer Applies to: Nebraska
    Replied: 8/28/2012
    Swann-Zwiebel Law Firm, LLC
    Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
    They are adding new charges.
    Answer Applies to: Alabama
    Replied: 8/28/2012
    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
    Replied: 8/28/2012
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