What process can be taken where a defendant in a bench trial was never charged with malicious destruction of property, the judge stated on t...

Question

What process can be taken where a defendant in a bench trial was never charged with malicious destruction of property, the judge stated on the record that defendant was not charged, but the judge deemed defendant guilty anyway, then the judge stated: "Well, I guess I have to amend the information to comport with the proofs."

. Defendant is scheduled for sentencing on the 26th of September in Detroits' Wayne County Third Circuit Court.

Answer

The Judge can amend the information to comport with the proofs. Discuss this with your attorney.