Rule 23.08 Misdemeanors or Felonies - Indictment or Information - Amendment or Substitution - Delay

Prosecutors sometimes need to change the charging paperwork in a criminal case, either by fixing an information or replacing an indictment with an information. This rule says that can happen any time before the judge or jury reaches a verdict, but only under certain conditions.

The change cannot add a new charge or a different crime than what the person was already facing. It also cannot hurt the defendant's basic legal rights. In other words, prosecutors can fix typos, clarify details, or correct minor errors, but they cannot use this process to sneak in a completely different charge at the last minute.

If the change does affect the defendant's ability to prepare their defense, the court can give the defense more time before trial. This protects the defendant from being caught off guard by a late change to the charges. The trial only gets delayed if the judge decides the defense actually needs that extra time because of the amendment.