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Can DA change charges AFTER an appearance in court?

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helpafriend8

Junior Member
What is the name of your state (only U.S. law)? California.

A friend of mine was caught trying to use a fake ID at Coachella. She was charged with Minor in Possession of False ID.

When she appeared in court there were a LOT of other people there with the same charge. The Prosecutor changed the charge to an "informal diversion". The judge went around the room and everyone said "informal diversion"(not guilty or not guilty or no contest, just informal diversion). He then told them all to stay out of trouble until their next court date and their records would be cleared.

She received a letter today from her Public Defender saying something along the lines of (I have not read the letter yet), "the DA decided to quash the informal diversion forcing you to plead guilty and accept all consequences (fine, suspended license, criminal record) unless you take this to trial".

Can the DA do this? If so, what should she do?

Thank you very much for your help.
 


CdwJava

Senior Member
Can they try to do it? Sure.

Your friend should consult legal counsel. She can be charged with some rather serious consequences for possessing and presenting false identification.
 

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