Cleveland, OH asked in Criminal Law and Appeals / Appellate Law for Ohio

Q: I want to know if it is legal for the courts to add a charge to a case in the middle of trial?

My brother was just convicted of a charge that was added a trial that his lawyers agreed to without my brothers consent in the middle of trial. He is in jail for something that he wasn't originally being charged of. This is his first offense he never did anything wrong and now he awaits his sentencing. Is it possible that he can be granted something else without serving time

1 Lawyer Answer
Matthew Williams
Matthew Williams
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Yes, indictments can be amended during trial, and charges may also appear to have been added if the judge gives an instruction to the jury concerning a lesser included offense. It really doesn't matter that much what a person was originally charged with. If the evidence demonstrates another charge is more appropriate, the indictment may be amended, the jury may be instructed to include the offense in their deliberations, a superseding indictment may be filed, or a new case may be filed.

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