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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25542
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If a person has been charged with a misdemeaner, can the say

Resolved Question:

If a person has been charged with a misdemeaner, can the say oops it should have been a felony?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 6 years ago.
Hi,

The cops can say whatever they want about what it should have been. That may or may not be true. Only the DA has the power to determine what the charges will be. They are the ones who are lawyers and they know what they can prove beyond a reasonable doubt.

The police have some knowledge of the law as they have to enforce it, but they are wrong. It's fairly common for someone to get arrested for one type of an offense and to show up in court and find that the charge is more serious. Or less serious. That's because when the DA looks over the police reports they will apply the correct legal charge(s) to fit the circumstances of the case.

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