ok but they r telling him they want to change his larceny 4 and make it a 3! Is that illegal?
i know the laws and that a 3 is a felony ,but he only has a 4 ,so how can they try to make his life hell in CT giving him a 3?
Hi,I misunderstood because you asked if it could be reduced to a Larceny 3, when what you want to know is if it can be increased to a larceny 3.The answer is yes. Police are not lawyers. When they make an arrest, they make their best judgment about what charges should be brought, but sometimes when the State Attorney sits down with the officers and his other witnesses, he sees more information and realizes he's got a more serious crime than was first thought. So yes, he can increase the charges. In the same way, if he believes he's got a less serious charge he can reduce them.Most times what a person is arrested for originally is what the case will continue to be all about, but it is common enough to have it changed too, and perfectly legal.They are increasing it because the prosecutor believes he can prove the more serious charge beyond a reasonable doubt. That doesn't mean he's right, but it does mean he thinks he's right. To see why he might have done it, you have to compare the two statutes and focus on what's different about the felony charge. For one thing, for example, the value of the property taken is more in the felony, but as you can see there are three other reasons that the State Attorney could be using to justify his decision, depending on the facts of the case.
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