Can a cop withdraw citation 4 days after giving it to you then re-issue it 8 days later with harsher penalty?

Question

i paid to go to trial on the first citation he gave me, then they back dated the withdrawal and issued another citation of harsher penalties, they back dated the withdrawal so my payment to go to trial would be denied due to the fact that they back dated the withdrawal and are now able to deny me trial based on the first citation, thus freeing the cop to re-issue a harsher citation then originally issued.

Answer 1

We would have to go to the prosecutor, ask him to dismiss the original citation, than issue a new one.

If the officer had probable cause to believe you committed the violation that he issued a citation for, than there technically should be no issues. On a practical level, it's not a great way of doing business in my opinion.

Answer 2

They can do whatever they want for the most part just to harrasses you havent we all learned that yet?

Answer 3

That would be unusual, but possible.  In my state, the citation is simply a charging instrument, and can be amended at any time, right up until the trial starts. However, this is not done as a matter of practice.

There are several reasons.... more evidence could have come up, he could have talked to the prosecutor and determined another violation that was more appropriate, or if there was a traffic accident, someone could have been hurt worse than first thought.

It is difficult to understand without knowing what the original charge was, and what is was changed to, along with the other circumstances.

Answer 4

No.  Any changes, if allowed, would have to be done in court.

Answer 5

Not knowing what state you are in or what you mean by "backdating the withdrawal" or "payment to go to trial" makes your question difficult to answer.

If the officer/prosecutor/court dismisses a citation, in some states it cannot be refiled.  If you posted bail, your bail should be refunded on dismissal.  If the officer sought to amend the citation, it can generally be amended with proper notice to you.  If you can prove they've monkeyed with the filing dates somehow, you should bring it to the court's attention.

It sounds like you requested a trial, tried to post bail, but were rejected because they were amending it.  You should be notified what you are charged with now and be re-arraigned and set another trial (and then post bail).  Depending on the law of your state, this is probably legit procedure.  If they've fixed the date or dismissed the action, they may have a problem.  Also, check your state's statute of limitations and speedy trial rules.