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joelaws8
joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience:  I can answer general criminal law questions regarding specific statutes and procedure.
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What does it mean in a pending criminal case in a docket, that

Customer Question

What does it mean in a pending criminal case in a docket, that contains the word Miscellaneous: Substituted Charges? From what i have read it means In a criminal case, a charge that was replaced by the original charge by the prosecutor. Can you explain further, or why that would be done? Thank you
Submitted: 1 year ago.
Category: Criminal Law
Expert:  joelaws8 replied 1 year ago.
I am an attorney and am happy to help you with this.

This occurs when the government originally charged the defendant with a more serious charge(s) and then substituted that (those) charge(s) for (a) charge(s) less serious. For example, John was charged with murder, but the government decided that it lacked the evidence to prove that John intended to kill his victim. Therefore, the prosecutor substituted manslaughter for murder. John would then be tried for the crime of manslaughter and if convicted would face less time than had he been convicted for murder.

I hope that answers your question If you would like any additional information or have more questions please don’t hesitate to ask!

Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Thank you,
Joe
joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience: I can answer general criminal law questions regarding specific statutes and procedure.
joelaws8 and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

THANK YOU FOR SUCH A "LIGHTENING " FAST RESPONSE. I APPRECIATE IT. HERE'S PART TWO of my question I rec'd a letter today by fed ex (Dated Jan 31, yesterday) I am to attend a Court ordered Substance Dependence Evaluation at the Office of Forensic Evaluations, in another town in CT this Tuesday. My next court date is Feb13. How does this all tie in together in conjunction, with what I have told you thus far? Thank you again for your time & assistance!

Expert:  joelaws8 replied 1 year ago.
You are very welcome! Thank you for the positive rating!

Under CT law, the court, on its own motion or on motion of the state's attorney or a person charged with a crime or convicted of a crime but not yet sentenced, may order, if the interests of justice will be served, that such person be examined, pursuant to the provisions of section 17a-694, to determine if the person is alcohol-dependent or drug-dependent and eligible for treatment under section 17a-696 or 17a-699. A probation officer may order that such an examination be conducted as part of a presentence investigation conducted pursuant to the provisions of section 54-91a.

Basically, that means that either the judge, the prosecutor, or your attorney motioned the court to order you to be evaluated to determine whether you (1) had a drug dependency at the time of the alleged crime; and (2) could benefit from treatment.

My guess as to how it ties in...the prosecutor wants to give you a shot at getting treated so the charges were reduced to allow for that. I definitely recommend that you consult your defense attorney (if you have one) prior to going to the evaluation.

See this link to read the law regarding the duties of the examiner

I hope that answers your question If you would like any additional information or have more questions please don’t hesitate to ask!

Please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "Helped a little" or "I expected more", please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.

Thank you,
Joe
joelaws8, Lawyer
Category: Criminal Law
Satisfied Customers: 369
Experience: I can answer general criminal law questions regarding specific statutes and procedure.
joelaws8 and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you once again, you explained that in such a manner that it "leaves nothing to my imagination"... I clearly understand the procedure, why it is being done and what the possible outcomes can be. I do have a defense attorney (thanks for asking) but it is a Friday night and most likely I won't hear from him until Monday. Thank you again for sharing your knowledge and giving me some sense of peace of mind. (if that makes any sense to you..LOL I think?? forgive me, I am a native New Yorker, and I try to always have a good sense of humor no matter what the circumstances are...FYI I am very emotional...lost my Mom June 16th, my cousin June 29th , and her mother (my God Mother/ Aunt just passed away a few days ago.Peace and many thanks again

Expert:  joelaws8 replied 1 year ago.
I am very sorry for your losses. You should definitely continue having a good sense of humor and try to make the best of things during this tough time. Thank you very much for the positive ratings and I wish you the best!

Joe
Expert:  joelaws8 replied 1 year ago.
Hi Liz,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,
Joe
Customer: replied 1 year ago.

yes absolutely, I had my Forensic evaluation this morning, I believe it went well.Basically back when my mom died, actually the day of her funeral June 22, my BF(the day before) got massive chemical burns....He was in the process of opening up our in ground pool etcetc. To make a long story shorter LOL, I needed him by my side at the funeral, I was so distraught. However that late afternoon early evening, his burns were so bad we went to the ER...Now here's the mix up, I was trying to be a good GF, Never did I look at his prescription for the pain med's, The "pharmacy" for whatever reason put my name on his prescription, now my defense attorney has the script with my name on it, even though the med's were for my BF.He called late this afternoon, and basically my BF has to testify on my behalf that the med's were never intended for me in the first place. Now the same day I picked up "regular ongoing" medication that both my BF and I have been taking for years. I just never thought this would get so crazy. I am very hopeful for the truth to come out, and no more BS from anyone...just the truth!!! I mean that respectively. Thanks for checking in with me, that is very considerate of you, Joe again thank you for your knowledge and concern

Expert:  joelaws8 replied 1 year ago.
You are very welcome. I am glad it went well and I hope things continue to get better for you!

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I can answer general criminal law questions regarding specific statutes and procedure.