Legal Question in Criminal Law in Michigan

if statement in police report is inacurrate,two arrested for drugs but states one person was driving instead of other in report can charges be thrown out?


Asked on 12/14/09, 4:26 pm

3 Answers from Attorneys

Drug cases can sometimes be beat! You can read more information about that at:

www.AggressiveCriminalDefense.com

The right attorney is critical to winning cases.

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Answered on 12/19/09, 6:38 pm
William Morrison Action Defense Center

An incorrect police report is not, of itself, a basis for dismissal.

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Answered on 12/19/09, 8:14 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Mr. Morrison is correct. The defense attorney will bang the cop who wrote the erroneous report over the head with the error, but it'll be up to the trier of fact (the jury in a jury trial, the judge in a bench trial) to decide whether the entire record of evidence in the trial proves that all of the criminal charge elements were proven beyond a reasonable doubt. So this "Ah-HAH!" moment may not mean anything in the face of the rest of the evidence.

People make mistakes all the time (police and lay witnesses). A defendant is entitle to a fair trial, not a perfect trial.

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Answered on 12/21/09, 6:32 am


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