Legal Question in Criminal Law in Florida
amend charges
can you amend charges and not allow defendant and not allow the defendant to plead to these new charges? If so, does the prosecution have to request leave of the court?
Asked on 3/05/08, 4:58 pm
1 Answer from Attorneys
Richard Hornsby
Richard E. Hornsby, P.A.
Re: amend charges
A prosecutor can amend charges at the State level without leave of the court and they may be subject to certain jurisdictional challenges.
However, if charges are amended, a Defendant is entitled 48 hours to decide whether to plead not guilty or guilty to the amended charges.
Answered on 3/05/08, 5:11 pm
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