In a case where a jury trial is pending (on a charge of assault-married, that began nearly two years ago), is it possible to enhance the charges to the next level (severe bodily injury)which the circumstance would marginally fall into? The cost of state-paid airfare for the plaintiff is not justified for the present charges, but would be allowed on enhanced charges. Is there a limitation on the time allowed to enhance charges?
TIA

As long as you have had charges pending, you should be able to toll the statute of limitations in any new indictment. The question is, if the charges are so marginal that you didn't file them in the first place, can you really justify re-indicting for a felony on the assumption that you will have a trial which will obviously cost more than you can justify for your expected misdemeanor conviction?

Sorry, Libby, but we cannot give legal advice to the public on this forum. Any information you may have received is advisory only, and should not be construed as creating an attorney-client relationship.

(geez, sometime I hate being a lawyer ... )

Sorry, I didn't know this site was private.

I'm not looking to create an attorney-client relationship, I already know that's pretty much a waste of time and good money. I'm just trying to find out what my legal and civil rights are, not that rights matter much the way the system is today.