Legal Question in Criminal Law in California
If a warrant said i have a 5 or 6 convitions and gives my DL number which is not my DL number and Ive never be arrested couldthe case be thrown out
3 Answers from Attorneys
Errors on a warrant -- even significant ones -- will rarely justify dismissing a case on their own. But when combined with other facts, they occasionally will. For example, if the police knowingly put false information on a search warrant application in order to persuade a judge to sign it, the resulting evidence may have to be excluded. That, in turn, may leave too little usable evidence for the case to go to trial.
Can it? Sure, if there are valid grounds to do so. Simple errors on a warrant are not likely to be valid grounds. Your attorney will file whatever suppression motions may be available, and you'll get your answer from the judge. If this is in SoCal courts, and you're serious about getting legal help doing so, feel free to contact me.
The wrong Driver's License on a warrant is not sufficient grounds to file a motion to traverse a warrant. The issue is whether the police had sufficient probable cause to obtain the warrant, not a typographical error on the warrant.
Related Questions & Answers
-
I live in California. I have a restraining order against my wifes ex-husband. Here... Asked 1/24/11, 12:03 am in United States California Criminal Law
-
My brother is currently facing criminal charges and can no longer afford an... Asked 1/23/11, 9:16 pm in United States California Criminal Law
-
Can i get a public defender before my arraignment Asked 1/23/11, 1:14 pm in United States California Criminal Law