Can an officer request to take back your current citation so he can issue one with different charges?

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Can an officer request to take back your current citation so he can issue one with different charges?

My sister has already been cited for a theft crime of less than $500. The next day the officer asked that she meet him to give him the current citation and give her a new one with more charges. Can he legally do that?

Asked on February 2, 2012 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A police officer can issue an amended citation (much like the filing of an amended complaint) with respect to the criminal matter that you are writing about that your sister is involved in. There is nothing illegal about the writing of another citation against your sister with a different charge.

Since your sister seems to be in a situation involving a criminal matter, I suggest that she consult with a criminal defense attorney about it to assist her.


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