in a case study i am working on the defendant was charged and a change in the charge accured after 6 weeks. it was an importation class a drug namingly diamorphine and changed to cocain. does the defendant have to be officially charged again after the change of the drug? technically it is still a class a drug. just the 'namingly' did change. could anybody give me the solution for that problem? it is doing my head in.
2006-10-22 10:55:10 · 5 answers · asked by tower2bridge 2 in Politics & Government ➔ Law & Ethics
"Charged" is an imprecise term. Was the defendant indicted? (I'm betting the answer is yes.)
If so, a superseding indictment could be used to make the change in the allegation.
2006-10-22 11:27:55 · answer #1 · answered by Anonymous · 0⤊ 1⤋
By charged do you mean arrested, or were formal charges filed in court? If formal charges were filed in court and the same statute applies to both drugs, the prosecution can file a motion to amend the bill and should be allowed to correct what is most likely a clerical error.
2006-10-24 13:59:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Maybe the defendant could do with someone on his team that speaks English!?
2006-10-22 18:09:35 · answer #3 · answered by micksmixxx 7 · 0⤊ 0⤋
The fact that you can't even spell suggests that your Defendant is going down anyway, so don't worry about it!
2006-10-22 18:03:39 · answer #4 · answered by alfie 4 · 0⤊ 0⤋
no sorry
2006-10-22 18:22:30 · answer #5 · answered by Anonymous · 0⤊ 0⤋