Charges Filed

[YuYuHaki]

Jurisdiction

Delaware

What is the Delaware Law stating they are not allowed to change the charges during a court case? Judges tend to make a big deal about motions needing to be filed or else they don't want to hear things so I am curious as to the specif law on this because I know someone who is fighting as a defendant in court and the charges against them were filed wrong for a case that was already BS to begin with and how they could get the case dismissed based on the fact that the case doesn't fit withing the charges.

Not really the case, but say the prosecution filed a case to have someone convicted of 2nd and first degree murder (a little extreme but the easiest thing I could think of to explain this). They couldn't go after third degree murder without refiling or filing a motion to modify prior to the court case. What laws do this fall under? Even though this is criminal, what would the civil version be?

 

[zddoodah]

What is the Delaware Law stating they are not allowed to change the charges during a court case?

No such law exists.

 

[mightymoose]

It is not uncommon for prosecutors to amend the charges after they have been filed.

 

[army judge]

In the federal courts of this great nation, US Attorneys are known to regularly issue what are known as superseding indictments, because investigators often turn up more crimes than originally known or charged.

 

[leslie82]

What is the Delaware Law stating they are not allowed to change the charges during a court case? Judges tend to make a big deal about motions needing to be filed or else they don't want to hear things so I am curious as to the specif law on this because I know someone who is fighting as a defendant in court and the charges against them were filed wrong for a case that was already BS to begin with and how they could get the case dismissed based on the fact that the case doesn't fit withing the charges.

Not really the case, but say the prosecution filed a case to have someone convicted of 2nd and first degree murder (a little extreme but the easiest thing I could think of to explain this). They couldn't go after third degree murder without refiling or filing a motion to modify prior to the court case. What laws do this fall under? Even though this is criminal, what would the civil version be?

Charges can be changed or dismissed at any point in court proceedings. My ex husband got charged with robbery and use of a deadly weapon. A year later when he had his prelim hearing - they gave him a plea deal and knocked it down to theft by unlawful taking.

In October last year he and a friend robbed burned down apartments. They both got charged for burglary, trespassing and possession. His friend got convicted on the burglary - my ex got his knocked down to just the trespassing and possession because "technically" he didn't break in.

Oh and his first case - his lawyer and the prosecutor filed things a few times to amend charges.

The only one who will dismiss the case is the judge if the defense and/or prosecution suggest it.

You have no clue what you're talking about. Your friend is going to deal with whatever charges he or she has pending right now.