Q: Can FL state attorney change charges based on new lab results before trial?
In Florida, my case is set for trial. The original charge was for synthetic Cathinone, based on a positive field test by an officer. However, recent lab results from the FDLE show it tested positive for cocaine instead. Can the state attorney change the charge from synthetic Cathinone to cocaine based on these new findings and file formal charges with this information, even though I have not been formally arrested/booked for the "new" charge, but the trial date remains the same?
A: The basic answer to your question is that the State Attorney can amend the charge at any time including during a trial until the case is given to the jury to deliberate. If the charge is amended, the State Attorney will need to Arraign you on the new charge. They do not need to rearrest or re-book you (I'm not sure why you would want them to do that). This change may give rise to a Motion to Continue the trial if you and your attorney think that is in your best interest. Discuss the situation with counsel and come to a decision together. The case does not just "go away."
A: Oftentimes the lab testing isn't done until just before trial So it's not uncommon for the lab results to be different than the arrest affidavit. It could be a different drug or a mixture of drugs or no drug at all. Also, the weights might come back different, which might be especially important in a trafficking case. The prosecutor should amend the information before trial when the lab results come back materially different. Whether the different lab results prejudice the defense is something you should discuss with your lawyer. Yes, you should be "arrested" on the new charge and the old charge should be dismissed. The State could run into a statute of limitations problem if the case is old. The State could run into an amendment problem if the lab results are not discovered until after jeopardy attaches. This sort of thing has been the subject of multiple prior appeals. So there is a good bit of precedent. You should discuss these potentially complex issues with your lawyer ASAP.
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