Can the Prosecutor
ADD CHARGES after a person
has been arrested, charged, and released
in New York?
In New York, the Prosecutor has the absolute power to ADD charges (as long as the facts meet the elements of the crime) at any time prior to trial.
Sometimes (very occasionally) the Police will NOT charge somebody with every single charge that they could legally... HOWEVER, it is NOT the police officer's final call as to what the ultimate charges will be....it is up to the District Attorney!
If the DA feels like it, they can add or INCREASE any charge they feel they can legally prove beyond a reasonable doubt. That's why it is important to understand that the charges at the start of a case are not necessarily the charges that will be filed before the END of a case.
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