Q: Can a judge pull charges a out of the air and charge you with them this past Monday I went to court for a misdemeanor
And out of blue the judge came at me with two charges that I know for sure I didn't commit which were misdemeanor identity theft and a felony which he didn't tell me what the felony was for
A:
Sorry to hear about your experience. First of all, Judges can’t “file charges” against anyone; that is done by the District Attorney.
When you are arrested, the police send their reports to the Prosecutor who can add additional charges other than the one you were arrested for based on the facts.
Your attorney should have explained this to you at your arraignment. If you had a Preliminary Hearing (Felonies) the Judge can decide what crimes charged against you should proceed to a Trial Court.
If this happened at your first court appearance then the DA added charges to your original arrest charge. If you were only arrested for a misdemeanor but the DA filed a Felony, you are lucky they didn’t raise the bail to reflect the Felony charge!
Don’t discuss the facts here; make an appointment with an experienced criminal defense attorney who can explain the process. If you can’t afford a private lawyer (Don’t waste money on the “bottom feeders” who sent you letters after they bought your info from the police) then ask for the Public Defender.
Good luck!
A:
IF YOU WERE IN COURT YOU EITHER RETAINER A LAWYER OR THE PUBLIC DEFENDER WAS APPOINTED. THAT IS THE PERSON WHO CAN INTELLIGENTLY ANSWER YOUR QUESTIONS.
HOWEVER, IT IS THE DA THAT DECIDES WHAT IS TO BE CHARGED. THE JUDGE DEALS WITH SENTENCING.
I SUSPECT THE FILING DEPUTY ADDED CHARGES TO YOUR ARREST.
A: No, a judge cannot simply "pull charges out of the air" and charge you with them without proper legal procedures being followed. The judge must have evidence or a legal basis for the charges brought against you.
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