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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17251
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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I recently got in some trouble and was charged with a misdemeanor.

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I recently got in some trouble and was charged with a misdemeanor. The police added another charge but have not presented it to me yet. I have only been arraigned on one charge. Is there a proper procedure for receiving the additional charge. Any time limit
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. The State will have to arraign you on any additional charges that they add. So, that means that if the prosecutor adds the charge, which is who actually decides what to charge and not, then you (or your attorney) will get notice of the additional charges and you will have an opportunity to be told what those charges are and enter a plea on those charges as well. So, that might delay any trial (if you plead not guilty) or resolution.

Please let me know if you need any clarification.
Customer: replied 1 year ago.
I have been to court 4 times after the arrest. And still have not been arraigned Is there a time limit
Expert:  Marsha411JD replied 1 year ago.
I'm sorry but your reply is a bit confusing. Have you not been arraigned on the original charge? What have the 4 times in court been for? What makes you think there will be an additional charge? What happened?
Customer: replied 1 year ago.
I have been arraigned on the one charge of harrassment. I have not been arraigned or even notified about the second charge or have even been given any information about it. I know about the second charge because it shows up on my criminal report that I ordered from the state. Very first time in front if judge was when I got arrested. The second time I plead guilty and the third and fourth time the D.A adjourned it
Expert:  Marsha411JD replied 1 year ago.
Alright, well at this point, the fact that the police might have submitted two charges to the DA for consideration does not mean that the DA will actually charge you. It is not unusual for the police to submit multiple charges but when the DA reviews the evidence, they only go forward with one, or less than what the police thought there was. So, the report, you looked at is only what the police think you did.

That said, if the State knows of other charges before you go to trial on this one, then they must bring all charges at once. So, as I stated, they would have to add the charge and arraign you. You will most definitely know if they are adding a charge.

If this was a separate incident that they were not aware of and it was a misdemeanor, then they would have two years to file charges and arraign you.
Customer: replied 1 year ago.
I understand everything you explained This was not a separate incident . Do they have a time limit to arraign me on this second charge
Expert:  Marsha411JD replied 1 year ago.
The time limit is as I mentioned. They have two years or before the date of your trial on the original charge, whichever is sooner. Since the State knows about this potential charge, they have to file it before they have tried you on the original charge.
Customer: replied 1 year ago.
Please forgive me but I am a little confused
I got arrested and charged with a misdameanor. And I was arraigned on that charge. The police added another misdameanor. I have to be arraigned before my trial on the charge Is this correct ? There is not a time limit. Only 2 years if it was a different crime ?
Expert:  Marsha411JD replied 1 year ago.
Yes, that is correct, you must be arraigned on any new charges before you can be tried. There is a two year statute of limitations on all misdemeanor, however, that time is shortened if the State is already trying you on a charge and they know about this new charge. They must bring it against you all at once with your other charge already pending. The reason is an issue of punishment. It is too technical to get into here in this forum and you should speak to your attorney about that, but they will have to bring both charges against you at trial. Again though, you need to understand that just because the police write up a charge, does not mean that the DA will actually file it. You might want to go back and read my previous posts.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17251
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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