Can I be have my case thrown out if my birth date was incorrect on the police statement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.