Can I have a court appearance for a loaded firearm dismissed because of the wrong date? 2 Answers as of January 26, 2011

I received a ticket for loaded firearm in a motor vehicle on December 7, 2010 but the appearance date on the ticket is January 26, 2010. Because this is the wrong date, can I have the case dismissed?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
First this response is general information only and does not establish an attorney client relationship. However, the appearance date refers to the date to appear in court not the date of the offense. However, I assume you meant that the offense date was incorrect. If so that ticket or prosecutor's information could be dismissed temporarily but the prosecutor can amend it or prepare a new one with the correct date of offense and you can then be prosecuted on that.
Answer Applies to: New York
Replied: 1/26/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
When the police make an error on an appearance ticket like the date or the license plate your attorney can make a motion to dismiss the charges, but the prosecution will simply ask the court for permission to amend the accusatory instrument, in this case the DAT (Desk Appearance Ticket) which will be granted. Minor errors will not be sufficient to have charges dismissed unless they relate to the proof of the elements of the crime which must be proved beyond a reasonable doubt by the prosecutor. If they mistake is something that can be easily corrected the prosecutor can simply move to amend and you will still face the charges. If the mistake was that the police put down the wrong location of the crime, and that location was not within the jurisdiction of that court it would be a material fact necessary to prove the charges and the case could be dismissed. You should retain an experienced criminal attorney to represent you so that you do not have a criminal record.
Answer Applies to: New York
Replied: 1/25/2011
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