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If the original charges in the general district court

(possession of Marijuana with intent...
If the original charges in the general district court (possession of Marijuana with intent to distribute) were reduced from felony to misdemeanor and listed as nolle prosequi (not prosecuted) then aparently reopened by the Commonwealth Attorney in the Circuit court..... can they also ADD any additional charges? Apparently they found lots of money going through accounts which can be explained through other means NOT distribution..... but can they come up with other charges which might TRY and explain the deposits?
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Answered in 2 hours by:
11/6/2017
James Daloisio
Category: Criminal Law
Satisfied Customers: 157
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

Yes, at the beginning stage of a criminal prosecution all inferences in favor of the complaint/indictment are considered, and may be the basis of new charges.

The good news is that at trial, the jury is instructed that when considering circumstantial evidence, the circumstances must be "consistent with guilt and inconsistent with innocence." If the evidence could be consistent with both guilt and innocence, the jury is required to either reject the evidence or adopt the interpretation that points to innocence. (Jury Instruction No. 2.400, Circumstantial Evidence.)

Hope that answered your question. If so a positive rating here would be appreciated. And thank you for using Just Answer.

James Daloisio
Category: Criminal Law
Satisfied Customers: 157
Experience: 30 years experience in criminal law, continuing education.
Verified
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Category: Criminal Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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