QUESTION
Could charges be dismissed due to wrong information on the report?
Asked on Nov 05th, 2012 on Criminal Law - New Jersey
More details to this question:
I was charged for shoving a guy at a bar, I'm being charged for assault, the investigating officer wrote a wrong last name and date of birth on the warrant, could that be used to get a dismissal?
6 ANSWERS
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Errors like that can be corrected and do not form the basis for dismissal. It can be used to show that the officer was incorrect on these things, and thus incorrect on everything. Get an attorney in your area.
Answered on Nov 06th, 2012 at 7:52 AM
No it can't. Those minor detail mistakes won't save you. What will save you is a lawyer, and you better hire one before you make a wrong move, like open your mouth to an investigator. The moment you start talking, your fate is sealed.
Answered on Nov 06th, 2012 at 7:49 AM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
It is possible that you could move to dismiss based upon such deficiency in the information or complaint. But don't get your hopes up for three reasons because 1) the judge could decide that errors aren't bad enough to warrant a dismissal, 2) the judge could allow the prosecution to amend the complaint and make the corrections, or 3) even if the case is dismissed because of this, they can always re-file against you with the correct information.
Answered on Nov 05th, 2012 at 10:49 PM
Michael J. Breczinski
Probably not but it goes to the accuracy of the testimony and investigation.
Answered on Nov 05th, 2012 at 10:31 PM
Criminal Defense Attorney serving Fullerton, CA
at
The Law Offices of John W. Bussman
Update Your Profile
Impossible to answer without a lot more info.
Answered on Nov 05th, 2012 at 10:28 PM
Gary Moore
Maybe yes.. Maybe no.
Answered on Nov 05th, 2012 at 10:26 PM