Can Charges Be Amended After a Case is Remanded
My question involves criminal law for the state of: Minnesota
I was charged with a Felony and a Gross misdemeanor, I was found guilty of the felony, I appealed and the decision was reversed the appeal order remanded the gross misdemeanor back to the lower courts. My question is can the prosecutor amend the original gross misdemeanor charges? The original charges were made over three years ago. Is there a statue of limitations on this case? Also when I was convicted I spent a year in prison, now that it has been reversed is there any recourse for the time I spent in prison?
Re: Can Charges Be Amended After a Case is Remanded
Possibly. Unfortunately we have no access to the Court of Appeals decision or remand order, so we cannot speak to any limits that may have been placed on the prosecutor's ability to amend the charge. Assuming the amended charge arises out of the same offense(s) and set of circumstances underlying the original charges, it's unlikely that there is a statute of limitations defense.
Most reversals contain no suggestion of factual innocence, do not result in the dismissal of charges, and do not support a claim for compensation for time spent in prison. But again, we know nothing about your case.
Re: Can Charges Be Amended After a Case is Remanded
Can I provide you with the details, its public information any ways.
Re: Can Charges Be Amended After a Case is Remanded
I am not going to encourage you to disclose your identity, as I expect would occur if you shared too many details of your case. Presumably you had a lawyer who represented you on appeal and a lawyer representing you for the remand, so you should already have a good source of information.
If you post personal details here, such that you're identifiable, keep in mind that the prosecuting attorney may end up reading this thread.
Re: Can Charges Be Amended After a Case is Remanded
Good point, about the Prosecuting attorney. It's just that I am not able to get a hold of my Public Defender to iron out these issues. I have learned that "strategy" of the public defender, even if it seems to be neglecting the client is not grounds for remanded. So it feels like I am at the mercy of the public defenders lack of time for the case, due to his over burdened case load. There has to be someone or some where I can go for advise. I have the contested omnibus hearing on the 11th of January and there ore many things to do: the motion and supporting memorandum. How can I be sure we are taking the best defense?
Thanks