Riverside, TX Criminal Defense Law Firms & Lawyers

When a charge is filed, the prosecutor receiving the information from the officer makes a charging decision based on what that prosecutor knows with regard to the law and the facts. Prosecutors do not know everything and can make mistakes or miss information. Some times cases are overcharged (should be lesser offenses) but more often they are undercharged (could be higher level charges). So, if the charge was not correct or there is another charge that would fit the facts better, then when the case is being prosecuted the prosecutor can refile the charge (and often threatens to do so if the defendant is refusing to plea bargain with the prosecutor or rejects what the prosecutor believes is a fair offer.)