If I was served with a criminal summons and the offense date is incorrect by 10 days of the incident is this grounds for dismissal?

Asked 1/25/2012 under Criminal Defense | 234 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Criminal Defense Law Answers

Kelly Broadbent / Nelson & Broadbent Answered 3 months ago | Contributor This attorney is licensed in Massachusetts

A mistake as to the date of the offense could possibly be grounds for dismissal, or could be used as a defense.  The Commonwealth is required to prove Beyond a reasonable doubt that you committed the crime as alleged in the police report and as charged in the court.  If there is a discrepancy as to when the offense actually occured, it will be difficult to prove the offense beyond a reasonable doubt.  Also, it may give you an alabi as to what occurred on the particular date and time charged.

You should contact a local lawyer to review the complaint to see if any motions can be filed prior to the arraignment of the charges.

Related Criminal Defense Questions

Didn't find your answer? Ask.

AttorneyPages.com

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...