If a warrant as your SSN listed incorrectly, does this qualify for a dismissal of the charges?

I was pulled over by a state game warden and was taken to the jail. He filed a warrant of arrest and gave it to the magistrate. He then folded it up and put it in my pocket because I was handcuffed talking to the magistrate. When I was given a unsecured bond I was released. After I got home I looked at the warrant and noticed that it had the wrong social security number on it.

Asked on October 30, 2014 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If there is doubt that you are the correct person and that it seems the warrant named the wrong person, then yes, you could likely get the charges dismissed. But if this is purely typographical or clerical error and there is no doubt but that they have the right person, they will not dismiss the case for this mistake, but will simply amend, or correct, the filing.


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