Can I be have my case thrown out if my birth date was incorrect on the police statement?

My girlfriend was under investigation for allegedly selling to a confidential informant. After the search and seizure, I was arrested also in the process because I live with her. Although I was unaware of the drugs found and other allegations made, they charges me also. I’m currently on bond but as I read the police statement I saw that on this official document, my birth date was wrong; it is infact our roommate’s birth date whom also was charged along with my girlfriend and myself. Can I have these charges thrown out due to this technicality? And is it possible for all parties to also be acquitted because there is a error in the initial police report following the raid of our home?

Asked on September 13, 2018 under Criminal Law, Alaska

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

This type of mistake is considered to be a "harmless error" since it has no bearing on the material accuracy of the charges against you; it is merely a technicality. Accordingly, it will not lead to the dismissal of your case. Instead, the mistake will be amended (i.e. corrected) by the court. The fact is that these mistakes happen all of the time.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, the kind of error you describe is a "harmless" error: it is essentially a typo. It has no bearing on the essential nature or accuracy of any charges and will not result in a dismissal. It will simply be "amended" or corrected when brought to the court's attention. Only errors that suggest that the wrong person was arrested, or similar errors of that magnitude, result in dismissals.


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