If an affidavit for evidence in an indictment is notarized but the notary stamp is expired by 88 days prior than the dtae on thepaperwork, is the paperwork still legal?

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If an affidavit for evidence in an indictment is notarized but the notary stamp is expired by 88 days prior than the dtae on thepaperwork, is the paperwork still legal?

Asked on January 10, 2012 under Criminal Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. Whether or not the notary stamp for the notary who stamped the signtature on the affidavit in support of evidence for an indictment against a particular person rests upon the decision of the judge in the event that a petition is made to quash the indictment on the grounds that you are writing about.

Possibly the prosecution can clear up any uncertainty as to the affidavit's signature by having the person who signed the document to appear in court and give testimony that he or she signed the document you are writing about under oath. If you do not have a criminal defense attorney concerning the question you are writing about, you should consult with one.


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