Corona, CA asked in Criminal Law, DUI / DWI and Traffic Tickets for California

Q: Can the penal code on a citation be changrd or altered after the citation is given?

Original citation 23152 (a)

3 weeks later da changed to 2011 (a)

Issued a bench warrant and never notified me of bench warrant.

Original court date 12/20/2018.

I was informed I could have been arrested if an officer chose to.

12/21/2018 thank you for the reply. It answers one of my questions. You also said you needed more info? Please let me know what info you need.

3 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

yes, they can change code sections.

the officer arrest for what s/he thinks has been done wrong and the filing DA then decided what laws to file on.

they often a not ready at an arraignment and then instead of notifying you they just file as a BW............totally wrong but one all the time.

1 user found this answer helpful

Daniel P Leavitt
Daniel P Leavitt pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Midlothian, VA

A: Every state will have their own rules on how the charge gets brought, and then amended but yes it is possible to amend a charge.

Phil Hache
Phil Hache
Answered
  • Criminal Law Lawyer
  • Sherman Oaks, CA

A: Yes, it is possible to get cited or arrested for something, and when the prosecutor files charges there more charges or different charges than what was on the initial citation. Contact an Attorney in your area to discuss your situation further if you have not done so already.

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