CHILDREN AND THE LAW
...Delinquency Matters
......Jurisdictional Hearing
.........Amendment of Petition
5 Cards On This Topic:

After close of evidence, DA may not amend 602 petition to allege different offense not necessarily included within alleged offense.

Although evidence did not support M inflicted battery with injury on O by spitting in his eye where no injury shown, amendment did not violate DP.

No abuse of discretion in permitting late amendment of delinquency petition to allege a PC §12022(a) enhancement where M was on notice it was a lesser included offense of the charged §12022(b) enhancement.

DA did not violate PC 654's bar to multiple prosecutions by amending juvenile petition where proceedings on 1st petition were not yet concluded when the amended petition was filed.

Minor’s due process rights violated by mid-trial amendment of wardship petition to add new, related charge.