Minneapolis, MN asked in Criminal Law for Minnesota

Q: Can the prosecutor change the original criminal offence date of witness after making plea deal?

Prosecutor changed original offence date of witness after making plea deal to match date that the defendant alledgedly committed offenses so witnesses testimony in court would be valid.I have both court documents showing date was changed immediately after plea deal was made.

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2 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Saint Cloud, MN
  • Licensed in Minnesota

A: The criminal complaint can be amended at any time up and until trial. There doesn't seem to be an issue here based upon the circumstances provided.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: A criminal Complaint is a charging document, prepared by a prosecutor making factual claims the prosecutor must prove at trial to avoid dismissal or acquittal. The prosecutor can amend their Complaint, until the beginning of the trial. If a witness makes contradictory statements of fact, the defense attorney may normally use that to impeach the witness in front of the jury.

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