Could charges be dismissed due to wrong information on the report? 13 Answers as of June 18, 2013

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?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Probably not.
Answer Applies to: Georgia
Replied: 11/20/2012
Law Office of John Schum, LLC
Law Office of John Schum, LLC | John Schum
It is unlikely that the wrong name and other information will get your case thrown out. There are still other ways to win this case and if not winning outright, at least keeping it off your record.
Answer Applies to: Hawaii
Replied: 11/6/2012
Hamblin Law Office | Sally Hamblin
It could be legally argued by your attorney.
Answer Applies to: Michigan
Replied: 6/18/2013
R. Jason de Groot, P.A
R. Jason de Groot, P.A | R. Jason de Groot
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.
Answer Applies to: Florida
Replied: 11/6/2012
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
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.
Answer Applies to: California
Replied: 11/6/2012
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    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.
    Answer Applies to: Michigan
    Replied: 11/5/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Usually that type of error is deemed to be clerical and is not enough to dismiss a case.
    Answer Applies to: Minnesota
    Replied: 11/5/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer. This may be something that they can correct on the paperwork. You should hire an attorney.
    Answer Applies to: New York
    Replied: 11/5/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Probably not but it goes to the accuracy of the testimony and investigation.
    Answer Applies to: Michigan
    Replied: 11/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to get a dismissal. There may be other factors in the report that can help.
    Answer Applies to: Nebraska
    Replied: 11/5/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No but you could use that to impeach the officer as far as his recall of details.
    Answer Applies to: Washington
    Replied: 11/5/2012
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