Is the criminal complaint valid if it was notorized a month and a day before the crime occurred?

The policeman write up his criminal
complaint and signed it on the
correct date of the arrest but the
notary dated the complaint for one
month and one day earlier than the
date it occurrred.

Asked on October 9, 2017 under Criminal Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Courts do not throw out criminal complaints (or for that matter, contracts, settlements, plea deals, etc.) because of a "typo" or what is known in the law as a "scribner's error": e.g. an obvious harmless error ("harmless" because it is readily determinable what the error *should* have said--i.e. the correct date) made in typing, writing, signing, or transcribing. So this would not require the complaint to be thrown out, and it is still valid.

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