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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27087
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was charged with a count of of pc 245A and 664/10851A

Customer Question

I was charged with a count of of pc 245A and 664/10851A (totaling 2 counts), a $50K bail was assesed based on those two counts. so I bailed my self out based on that. On the arraignment the charges were not same, instead, it was three counts of 245 and the 664/10851 magically disappeared. Note: everything was a concoction from start anyways. is the charges according to the way the the bail fee was assased in the first place not binding to the prosecutor?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

The charges that you were arraigned on are the charges the DA will go forward with.

If you made bail before your arraignment, that does not in any way lock the prosecutor into going forward on the original charges. Your matter with the bondsman is a civil and contractual issue. It has nothing to do with how the DA assesses the evidence and prosecutes your case.

Customer: replied 11 months ago.
can the DA also change it again after the arraignment?
Expert:  Zoey_ JD replied 11 months ago.

Yes, but they only very rarely do.

Customer: replied 11 months ago.
But they change original on arraignment often?
Expert:  Zoey_ JD replied 11 months ago.

Yes. Fairly often.

The police write up the arrest charges. They are not lawyers and they are not trained to know everything that a lawyer would understand. So you can get arrested for one set of things.

But by the time of the arraignment, the case has been evaluated by an Assistant District Attorney. He reads the police reports, talks to the police and the witnesses and then he determines for himself what he believes he can prove beyond a reasonable doubt from the facts and circumstances of the incident. He can amend the charges.

So sometimes, a person at arraignment finds he's facing additional charges, or more serious charges. Sometimes, he finds the case is written up as something less serious. Sometimes -- though only rarely -- the DA finds there's no case at all and the matter will be dismissed at arraignments. And many times, the police get it right in the first place.

Expert:  Zoey_ JD replied 11 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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