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I wanted to know what would happen if you are charged on the wrong date. I pleaded not guilty on the day that the offense occurred, but the prosecutor asked to amend the date which would mean the offence happened a whole was a week later from when it actually happened. How would this affect proceedings?
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Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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The judge will want the proper date to be on the documents. For example, if the indictment says the crime occurred on February 1, 2015, then the guilty plea has to have the same date. There cannot be different dates on the police reports and on the indictment and on the guilty plea. your attorney, working with the prosecutor, should make sure that the dates are uniform. For example if the police report says February 1 and the indictment says February 1, then the guilty plea must say February 1. The lack of uniformity in the dates will not affect the guilty plea. What is your intention with regard to the guilty plea? If you wish to retract the guilty plea, the change in date will not be sufficient to withdraw the plea. Please call if we can help.
Answered on Jan 20th, 2015 at 3:27 PM