Can a criminal charge be dismissed if the perpetrators description on the report is totally different from my actual appearance?

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Can a criminal charge be dismissed if the perpetrators description on the report is totally different from my actual appearance?

Asked on October 15, 2012 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the prosecutor believes they have the wrong man/woman, the prosecutor can certainly voluntarily dismiss the charge(s). If the prosecutor will not, your attorney can file a motion to dismiss, based on a lack of evidence, at which point a judge will decide if, despite the discrepancy, there is enough evidence that you are the perpetrator to warrant going ahead to trial. So the short answer is, yes, it can be dismissed--but it is not a given or guaranty that it will be.


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