Criminal Trials, Hearings Motion to Amend Charges?

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jdh428

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Hello,

I live in Pennsylvania and I was charged with a summary offense. I went to the hearing at the magistrate, and he found me guilty as I offered no defense. I now realized that the officer has charged me under the wrong section of a statue, which the section I am being charged under is not what it should have been.

If I file for a "Trial De Novo" (Rule 462 PA Code), can the officer "amend" the charges & at what points can he amend them? I don't want to be halfway through the new trial, and he realize that he charged me under the wrong offense. Will he have to dismiss and refile or can he just change what I'm being charged with?

Thanks!
 
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