QUESTION
Can you get a case dismissed if the cops messed up on the citation?
Asked on Oct 10th, 2012 on Litigation - Pennsylvania
More details to this question:
I was pulled over and the cops put the wrong date that the complaint occurred on. Can it get dismissed?
14 ANSWERS
Leonard A. Kaanta
Yes.
Answered on May 21st, 2013 at 2:57 AM
John J. Carney
The prosecutor can move to amend a complaint and it will not be dismissed just because the officer made a mistake on the date.
Answered on Oct 15th, 2012 at 2:24 PM
Michael Paul Vollandt
No. He will just tell the Judge if made a mistake and the trial will still be on.
Answered on Oct 12th, 2012 at 3:37 AM
Michael J. Breczinski
Maybe but the court might just say that is a clerical error and still convict you.
Answered on Oct 12th, 2012 at 3:28 AM
Dennis P. Mikko
The more likely outcome would be to amend the citation stating the right date. It is not likely that the matter will be dismissed.
Answered on Oct 12th, 2012 at 3:20 AM
Criminal Defense Attorney serving Mandeville, LA
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Ross Scaccia, Attorney at Law
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No, the date can be corrected if you choose to go to trial.
Answered on Oct 11th, 2012 at 3:49 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes we can get a case dismissed on motion.
Answered on Oct 11th, 2012 at 3:31 PM
Criminal Defense Attorney serving San Antonio, TX
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The Stephenson Law Firm, PC
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I would recommend fighting just about any citation where police didn't care enough to get the date right. Your Due Process rights under the 14th amendment and under Texas law guarantee you the right to have the State charge with specificity the offense committed (included WHEN), in order for you to be able to effectively defend yourself. I have gotten mis dated tickets dismissed, and I encourage you to consider fighting it. Having an attorney wouldn't hurt, because it puts added pressure on the Prosecutor to get rid of a case that's already a poor one for them.
Answered on Oct 10th, 2012 at 3:50 PM
3 Awards
Possibly, but that is a mistake that can be easily fixed until the jury is sworn, and possibly until the end of the prosecution case they can amend the complaint until that time - so you should not mention it until the prosecution closes its case at trial.
Answered on Oct 10th, 2012 at 3:50 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You might be able to. Request a hearing and the cop may not show up. If the cop does show up make an argument to the judge.
Answered on Oct 10th, 2012 at 3:50 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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No. How does the court know it was the wrong date? It may be a defense at trial.
Answered on Oct 10th, 2012 at 3:18 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Possibly, but I would need to look at the entire citation including the officer notes
Answered on Oct 10th, 2012 at 3:16 PM
4 Awards
Very likely if you have a good lawyer, but I would definitely bring a lawyer for that argument. Be careful the officer does not amend it and that you can prove the date is wrong.
Answered on Oct 10th, 2012 at 3:14 PM