If I have a relative who was arrested for evading arrest, the affidavit for arrest warrant or capias is full of errors, are these errors are enough to get the case dropped?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I have a relative who was arrested for evading arrest, the affidavit for arrest warrant or capias is full of errors, are these errors are enough to get the case dropped?
Doesn’t the case have to follow the sworn statement? The warrant begins with an error (one of the street names) and continues on with turns that are impossible to make. Example, report says turns right on a street and there is no way to turn in that direction! You can only turn left! Then once again it shows a right turn, where you can only turn left! How can I help him to fight this charge and is it possible for me to get the dash cam video which will clearly dispute these facts in the capias?
Asked on July 30, 2015 under Criminal Law, Texas
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You may or may not be able to get the case thrown out because of the bad affidavit. The errors, by themselves, will not result in the dismissal of an offense that was observed "on view" by an officer... which most evading offenses are.
However, the affidavit can help convice a jury that the officer lacks credibitily, and therefore, your son should not be convicted of the offense.
You can request a dash cam... but... if you can disprove the affidavit without the dash cam... it may be more strategic to do so. Let me explain.... the camera usually shows exactly what happened and did not happen. Even though the affidavit had errors.... if the dash cam clearly shows that your relative committed an offense... then a jury isn't really going to care what the affidavit says or didn't say.
On the flip side... if you don't request the video and it's not preserved (which happens more disturbingly than it should), then the only evidence is the officer's word. If the affidavit demonstrates that the officer lied, was mistaken, or otherwise recited impossible facts... then a jury will evaluate whether or not the offense occured.... and your relative will have a better chance of defeating the charge. So... before considering getting the video....just know that you may be preserving the one piece of evidence that help or hurt his case.
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.