Section 6.25 State’s Authority to Amend Information

• Library: Criminal Practice 2012 Supp

B. (§6.25) State’s Authority to Amend Information

When a defendant is bound over to circuit court after a preliminary hearing, the prosecution’s information does not need to charge exactly what was charged at the preliminary hearing. See §§6.3 and 6.7, supra. At any time before the trial, the prosecutor may amend any information or file an information in lieu of indictment. No new preliminary hearing needs to be provided under these circumstances unless (1) a totally new offense is added or the new charge is distinct or...