Is the Prosecution Allowed to Add Charges during Trial?

The short answer to the above question is yes.  The further, more lawyerly answer, is “it matters.”  This second answer hints that there are limitations on alleging new charges that might take the defendant by surprise or implicate a due process violation by leading a defendant to not prepare a defense to charges that are not alleged.  What exactly, then, are the protections that a defendant has against facing new charges during trial?  What limits prevent such “sandbagging?”  Click on the following article to find out.

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