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I got arrested in my own home for minor intoxication 5 days before my 21st birthday. When the police came to my house my boyfriend and I were having a heated discussion. I took the palm of my hand and playfully hit my boyfriend on his forehead. They then put me in cuffs and arrested me. My boyfriend did not want them to arrest me so they said they werent going to charge me with battery, instead they were going to charge me with disorderly conduct. When I got bailed out of jail the next morning I asked one of the officers exactly what my charges were and they told me disorderly conduct and minor consumption, it also stated that on my bond papers. When I went to court for my initial hearing the judge said I was being charged with battery and minor possesion???? Is it possible for them to change the charges after being booked in jail?? I still have the bond papers that clearly state disorderly conduct, it doesnt say battery anywhere. If I get a lawyer can this be thrown out???
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No, you cannot force them to dismiss the charges. The state has the right to charge you as they see fit, according to the elements of the offense. Just because you were arrested and bailed out on one charge, does not invalidate the subsequent charge. Had you already been arraigned on the initial charge, the subsequent charge would have to go through the proper procedures to be altered or modified, but still would not be invalid. Come up with a better defense.
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