Q: Is it normal for there to be different charges that are not listed when you were told certain charges you will c judge 4
Every time u turn around my fiance charges change court papers say "DANGEROUS DRUG" POSS & SELLS, my arrest online charge went from SYNTHETIC DRUG MANUFACTURER OR SELL and the open access updated website says TRANSPORTATION DANGEROUS DRUG FOR SELL..
Also on police reports some say charged with amphetamine and others pages say charged with METHANPHETAMINE both are dangerous but there was only a shard of meth found. Arent these paperwork defects or something that can be addressed especially with trial coming up
A: When the police write their report (the "departmental report" or DR) for a felony case, they submit the paperwork to the prosecutor and they will suggest certain charges be filed. This is known as a "long form" submittal. Once the prosecutor receives the long form submittal, he will then make a decision as to what charges to actually file. In making this decision, the prosecutor will go off the facts listed in the police report and other evidence available, not by the suggestions made by the police officer. The police are familiar with the criminal law, but they are not attorneys and they do not always know the best charges to file that will stand up in court. So the charges that are listed on the police report will often be different than the charges that the prosecutor actually files.
Zachary Divelbiss agrees with this answer
I agree with the answer below but straight to the point is that nothing on the internet has to be perfect. Often times the information a court or database, such as public access, does not public accurate information. The most accurate information for you to refer to is your indictment.
If you are getting close to your trial, I would expect that you should already be aware of what you being charged with as you will need to know in order for you or your attorney to prepare a strong defense.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.