Monday, November 3, 2014

Can the State Attorney Amend Charges after they've been filed? ~ Best Answer on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Can the state of Florida's SAO change charges one to another after they officially charge you with a crime?  On 07/01/2013 I was arrested for violating a domestic violence injuction!! ON 08/13/2013 the Flordia State attorney's office filed offical charges that I violated an injuction for domestic violence. I am nor related or live with the person and to make matters worse he does not live there!! My girlfriend does!! My order states injuction for repeat violence!!!  can I please get an honest answer: Can the SAO in florida file formal charges on a criminal act and then change it to something else after the fact?






A:      Chosen as Best Answer by Asker on AVVO!


Michael Adam Haber

PRO


Contributor Level 20

9

Lawyers agree
Answered Yes. The State can "change charges" and DVROs (domestic violence restraining orders) cover a wide variety of persons, not necessarily folks who live with one another.

The State Attorney's Office is the agency that makes the decision about what charges to file. The "information" is simply the formal document that lists the charges that are being filed, along with the corresponding statute numbers. 

State Attorney's file Amended Informations all the time.  This can be done to add additional charges against the accused, to simply to create additional leverage against the accused, to correct a defect in the document or for a variety of other reasons / purposes.

That said, you are facing serious charges and should consult with an experienced Zephyrhills area criminal defense attorney stat. Although I practice primarily in Miami-Dade County you are welcome to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/ - and click on the "Find A Lawyer" tab).
Wishing you luck and hoping that I have been helpful in answering your question. 

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)


At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. "Its all about reasonable doubt"!


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1




THIS BLOG POST (AS ARE ALL #HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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