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Can I be book with misdemeanor charges, then tried as felony charges?
Anonymous6 views2 answers
I was originally book for misdemeanor theft by receiving stolen property, 2 1/2 yrs later they set a court date and are chargeing me with felony theft by receiving. Can they do this?
Yes, the charges that you are arrested for are merely that, charges you were arrested for. The prosecutor has the ability to charge the case with more or less crimes depending on what evidence they develop. I would encourage you to hire an attorney.
Yes, this is fairly common as new facts are discovered through ongoing investigation. As long as the a felony case such as this one is indicted within 4 years of the alleged incident, there's nothing wrong with it. Misdemeanor cases must be accused within 2 years.
