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I was arrested with oil and paraphernalia. The officer chose…

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I was arrested with hash...
I was arrested with hash oil and paraphernalia . The officer chose to charge me with a misdeamenor marajuana charge and a paraphernalia charge. I'm wondering weather the judge can make change my charges to a felony concentrate charge or not.
Submitted: 10 months ago.Category: Criminal Law
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Answered in 5 minutes by:
10/6/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,854
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

No. The judge doesn't have that power. But the prosecutor does. Once the police turn over the reports and the evidence to the prosecutor and brief him or her on the arrest, the prosecutor can change the charges to whatever he thinks the evidence would allow him to prove beyond a reasonable doubt.

So, if what you are asking is whether your case can turn into a felony on your court date, yes, it's possible. The police are not lawyers and it's not uncommo for a defendant to get arrested for one set of charges and arraigned on different ones.

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Customer reply replied 10 months ago
What's the best thing for me to do with no money for a lawyer. I don't want this to turn into a felony case.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 months ago

I'm not saying it will turn into a felony. All I'm saying is that the state has the ability to charge a felony when the police are incorrect or inaccurate at the time of an arrest. The lab analysis will come back, and if the amount only supports a misdemeanor charge, that's all the prosecutor will charge.

If you can't afford a lawyer, when you show up on your first court date, that's your arraignment. The judge will read the charges into the record and ask how you plead. It is customary and expected for all defendants to plead not guilty at their arraignment because it is the only plea that you can take that keeps all of your choices open to you so that you can get the advice of counsel.

Once you've pled not guilty, you can tell the judge you have no funds with which to retain a lawyer and ask him to appoint you a public defender. He'll assign you a free lawyer whom you'll meet on your next court date.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 10 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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