California, United States of America
The following excerpt is from People v. King, H037401 (Cal. App. 2013):
An indictment or information may be amended by the district attorney at any time before defendant pleads, and the court may allow amendment of the accusatory pleading "for any defect or insufficiency, at any stage of the proceedings" ( 1009), "if there would be no prejudice to the defendant. [Citations.]" (People v. Graff (2009) 170 Cal.App.4th 345, 361-362 (Graff).)
The question of whether the prosecution should be permitted to amend the information is a matter "within the sound discretion of the trial court." (People v. Winters (1990) 221 Cal.App.3d 997, 1005.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.