QUESTION
Would incorrect addresses have an effect on an illegal intercourse case?
Asked on Aug 23rd, 2012 on Criminal Law - Colorado
More details to this question:
My minor child has been questioned and cited for unlawful sexual intercourse. I was cited as well for Youth Accountability. I was not allowed in during his questioning. One major thing that was misunderstood by the police officer was that where the "encounter" took place. The other party said it took place at her house. She gave the address of where her father lives not her which is the address her family uses for her to attend school in another city. When the officer asked my child where it happened, he said that it was "at her house" but was referring to her real residence in another city. The incorrect address is what is in the police report and on citations. I called the officer to let him know and he said the address was correct. Since the homes are in two separate cities, I am concerned about jurisdiction
12 ANSWERS
Leonard A. Kaanta
Yes it is important, you need to your child a lawyer.
Answered on Jul 08th, 2013 at 12:24 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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With this level of case, I doubt that it is being charged at the municipal (city) level, but is being charged in superior court, which has state wide jurisdiction. In which case, the address is probably irrelevant if the act did, in fact occcur.
Answered on Aug 27th, 2012 at 12:44 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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If the address is wrong there may be a venue problem.
Answered on Aug 27th, 2012 at 12:44 AM
Michael J. Breczinski
The incorrect address could have an effect on the matter if the other address is in another county. This could change jurisdiction. He needs a good attorney. Get one.
Answered on Aug 27th, 2012 at 12:43 AM
The address is an error that can be corrected. There is no releff for the accused in this mistake. If the two addresses are in the same county there is not a jurisdiction problem. If the addresses are in the same state there is no problem.
Answered on Aug 24th, 2012 at 12:56 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Would incorrect addresses have an effect? If court notices or filings were not sent to correctly, nor received by you, you could miss a court date. And, if the prosecutor files in the jurisdiction of the listed address, then finds later you were giving false information to law enforcement. Those issues are the least of your worries. Focus on defending the criminal charges. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answered on Aug 23rd, 2012 at 10:29 PM
Keven A. McKenna
Share the information with the attorneys in the case. It does affect jurisdiction.
Answered on Aug 23rd, 2012 at 5:25 PM
NO. Better HIRE an attorney ASAP. These are SERIOUS charges for child and YOU.
Answered on Aug 23rd, 2012 at 3:47 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Go to the court listed on the police report. Tell them this is not where ANYTHING happened. Don't tell them where anything did happen. She will have to come to court to prosecute. You only have one question re residence. Doubtful the other county will pick it up. Of course this makes her a sneaky little liar which won't help her case. Tell your son to keep his mouth shut when confronted by the police and keep his pants on.
Answered on Aug 23rd, 2012 at 3:46 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If the county is wrong then there is no jurisdiction and that can be raised as a defense.
Answered on Aug 23rd, 2012 at 3:46 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You are correct make sure your son's lawyer knows this.
Answered on Aug 23rd, 2012 at 12:14 PM
3 Awards
Your child needs a very good criminal defense attorney ASAP. Best you can afford. Do not talk about the facts with anyone else. The child needs to not talk about the facts with anyone but the attorney. Jurisdiction could change if the 2 cities are in different judicial districts. The jurisdiction rules are pretty vague and broad and so jurisdiction could be where ever the alleged victim lives, in addition to where the crime actually occurred.
Answered on Aug 23rd, 2012 at 12:02 PM