Dude…you can’t do that

From public defender blogger The Rural Bus Route:

I’m currently dealing with a State’s Attorney that frankly, just doesn’t know the rules. My client had been charged with 8 different felony counts stemming from an incident that occurred in October and November. A probable cause hearing was conducted in December and 3 of the Counts were not bound over by the Judge, leaving just 5 Counts remaining. The State’s Attorney provided an amended Information per the Judge’s request following my client’s arraignment on those five counts. The State’s attorney, however, recently filed an “Amended Complaint” with the Court that adds another felony count to the indictment…one of the same Felony counts that had been dismissed by the Judge at the Preliminary hearing. He did this on his own accord…no Motion requesting the amendment. No Order from the Court stating that the amendment was allowable. No scheduling order for a new preliminary hearing which each North Dakotan is entitled to when charged with a Felony. Nothing. He just did it.

And while this won’t be a big deal to remedy, it’s shocking that someone that is charged with the responsibility of deciding whether to incarcerate people lacks even this rudimentary knowledge of basic criminal procedure. I’m flabbergasted.