Can the prosecution amend the accusatory pleading in a criminal case?

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.)

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