Why would an affidavit of probable cause be notoriized and dated before the date of offense?

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Why would an affidavit of probable cause be notoriized and dated before the date of offense?

My boyfriend was arrested and charged with some criminal felony charges. On the affidavit of probable cause to get the warrant and charge him with these crimes, the statement is signed by an officer and notorized and dated a date before the date that the offense supposedly occured. How could that be?

Asked on April 22, 2012 under Criminal Law, Oklahoma

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

This may be just a clerical error or oversight on the part of the officer, but this is an argument that needs to be raised at the preliminary hearing or evidentiary hearing as this may void the warrant. Your boyfriend would want to bring this to the attention of his lawyer if he has one or if he will be appointed one by the court.


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