Q: Can a report charge be changed before an arrest is made?
My kids mom filed a report on me and it was written up as burglary cause I broke a door in my home that I own where she was staying. She also told them I pulled her hair and she wanted it written up as DV but they told her that there was not enough evidence to write it up as domestic violence. I picked up a copy from the police department and the charge is burglary (cause i broke the door of a home I own) . 1 week from being 1 year later she puts a warrant out for my arrest for that same incident and then i was arrested for domestic violence. I went back to the police department when I was released from jail and they told me there is no report for burglary. The report they have now is for domestic violence. I have the original report that they gave me for the burglary charge and they are telling me it don't exist. I am now facing bench trail court for a domestic violence charge. Can a report charge be changed once the report is already in the system?
A:
The answer to the question you asked is yes, the report can be amended after its in the system. That's commonly done with the charging process at all levels. As the officers gain more insight into the situation, they are not only free they are obligated to amend the charge to whatever is most appropriate.
But let me get this straight. You want to go back and resurrect the burglary charge? Why? Do you think it will replace the domestic violence charge? Maybe it would and maybe it wouldn't. It could result in you facing two charges instead of just one. Do you think that a burglary charge is somehow not as bad as a domestic violence charge? If so, you're mistaken. Do you think you can't successfully be charged with burglary because you own the house? If so, you're mistaken about that, as well. That would be a defense if the charge were for destruction of property, but its not a defense to the charge of burglary.
You need a lawyer worse than most people who come to this site for advice, because it appears as though you're a person who believes he can game the system. You need to hire a competent criminal defense lawyer immediately. If you don't, if you follow the path you're on you're most likely going to dig yourself a deeper hole than you're already in.
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