Los Angeles, CA asked in Criminal Law for Arizona

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

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2 Lawyer Answers
Stewart Salwin
Stewart Salwin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

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

Zachary Divelbiss
Zachary Divelbiss
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: 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.

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