can a discrepancy on my simple assault and battery citation entitle the judge to aquit me from the charge? It seems like i’ve heard of this before????

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can a discrepancy on my simple assault and battery citation entitle the judge to aquit me from the charge? It seems like i’ve heard of this before????

myself and my son were camping at glendo resevoir, we were drinking and ended up getting into a scuffle, we both got pretty bruised up, the cops came and arrested my son, but only cited me, however on my citation the court date was set for august of 2008, the crime happened in june of 2009. Is this the sort of discrepancy that entitles me to an aquittal?

Asked on July 1, 2009 under Criminal Law, Colorado

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, this is the sort of discrepancy that entitles you to a new notice of your court date.  There is the very rare case when the offense charged is so far off base that the complaint can't fairly be amended, without violating the defendant's right to notice (as part of the larger due process of law), that the complaint has to be dismissed.

Being a jailhouse lawyer can land you in jail.  If you want more details on how this discrepancy affects your case, based on all of the facts, you should talk to an attorney near you.  One place to look for a lawyer is our website, http://attorneypages.com

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, this is the sort of discrepancy that entitles you to a new notice of your court date.  There is the very rare case when the offense charged is so far off base that the complaint can't fairly be amended, without violating the defendant's right to notice (as part of the larger due process of law), that the complaint has to be dismissed.

Being a jailhouse lawyer can land you in jail.  If you want more details on how this discrepancy affects your case, based on all of the facts, you should talk to an attorney near you.  One place to look for a lawyer is our website, http://attorneypages.com


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