Legal Question in Criminal Law in Texas

Can a judge change the drug you were arrested for, to something else so you are charged for another drug? Apprendi v. NJ 530 US 466, 490 (2000).


Asked on 3/13/11, 12:16 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Judges do not change the charges - prosecutors and grand juries do. And, they cannot change the type of drug unless the lab shows something different that what the original arrest was for.

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Answered on 3/20/11, 5:51 pm


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