If my criminal summons lists the wrong date, is that reason enough to drop the charges?
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If my criminal summons lists the wrong date, is that reason enough to drop the charges?
My house was raided on 09/11; my summons date says 0/04.
Asked on January 27, 2011 under Criminal Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, no. Or rather: it's not impossible that the state may choose to voluntarily dismiss this criminal complaint and refile a new one with the same substance but correct dates, but if they do that, it will at best win you some extra time. It's more likely they won't even do that, but simply in one fashon or another correct what is obviously a typo (after all, there is no month "0"). Simple clerical errors do not result in criminal prosecution (or, for that matter, a civil lawsuit) being dismissed or dropped permanently; again, at best, it usually just results in a bit of extra time while the paperwork is corrected and refiled and reserved. So no, this will not result in your charges being dropped.
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