Can a prosecutor change the date for the complaint and put different dates in the Indictment? 9 Answers as of March 11, 2013

Can the prosecutor change dates for the complaint and put different dates in the Indictment? He added a year that was never a police report in the first place.

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
The indictment controls the case, and the prosecutor controls the indictment.
Answer Applies to: Georgia
Replied: 3/11/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
That depends on why they added the year and on what basis.
Answer Applies to: Michigan
Replied: 3/11/2013
William L. Welch, III Attorney | William L. Welch, III
Yes, the prosecutor may amend information. There is even a jury instruction in federal court that indicates dates are approximate and are not necessarily critical.
Answer Applies to: Maryland
Replied: 3/8/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The prosecutor can amend an indictment or complaint to correct errors and it is not a ground for a dismissal on facial insufficiency.
Answer Applies to: New York
Replied: 3/8/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
The prosecutor can and sometimes will change the date in the complaint as the date is not an essential element of the charge that has to be proven . Obviously it's important and can come into play when assessing your defense as you may have an alibi for the time he is alleging the crime occurred . You could argue to the judge that such a change in the complaint would prejudice your defense, but you would have to demonstrate how.
Answer Applies to: Michigan
Replied: 3/8/2013
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