Q: Can the prosecutor amend a charge on the day of your speedy trial start date?
I have been fighting a 5th degree, DA amended charge to a 3rd degree the day of my jury selection for my speedy trial. Can they do that? The DA knew the weight from jump.(10.447g) and even told my p.d. that "she's lucky I'm only charging her with a 5th degree not a 3rd degree". But because I wanted to take to trial he amended the charge the day of my trial from a 5th degree to a 3rd degree
A: What did you public defender tell you? You should listen to your attorney's advice. But yes, generally the prosecutor can amend a charge on the day of trial or even during trial. The question in a case this would be the amendment changes things substantially for your defense and consequently should be denied as a violation of your speedy trial rights. There is no way for anyone on here to answer that question without access to all the information in your case.
A: Under the Minnesota Rules of Criminal Procedure, the state may add new charges to a complaint if the case is in pretrial proceedings. Minn. R. Crim. P. 3.04, subd. 2. The state may also amend a complaint "at any time before verdict or finding if no additional or different offense is charged and if the defendant's substantial rights are not prejudiced." Minn. R. Crim. P. 17.05. But a District Court Judge has broad discretion to grant or deny leave to amend a complaint. So even though the law allows the prosecutor to amend the charges in the Complaint under many circumstances prior to verdict, there may also be circumstances where the law, and judge, would not allow it. Because this is so case specific, only the attorney representing the defendant would have sufficient information to form an informed opinion and possible challenge. So, talk to your lawyer about it.
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