Legal Question in Criminal Law in Minnesota
is incorrect information grounds for dismissal
On my copy of ''statement of probable cause'' information as to location of said offence i.e hwy 65 when location was actually hwy 47, and ''turned left onto 57th st'' where as 57th and hwy 65 do not connect. grounds for dismissal on a pending 5th degree possession felony charge? Or can they just rewrite it
2 Answers from Attorneys
Re: is incorrect information grounds for dismissal
Errors on the location would not be a basis to dismiss the charge. It is, however, certainly an area where the officer's credibility can be tested at a trial.
For a counsultation call 612.240.8005 or visit criminal-law.tv
Re: is incorrect information grounds for dismissal
While I would need more information to be sure, in most cases I've had, errors like that on a Complaint (unlike, perhaps, a Search Warrant) would not be enough to get a dismissal. Even if it were Dismissed, it's likely the prosecutor could simply re-charge in a new Complaint the next day. Mistakes like this are something I use at trial, often after it's too late for the prosecution to correct their mistake.
Related Questions & Answers
-
Cases being open My boyfriend was convicted of having one photo of child... Asked 3/22/08, 12:16 pm in United States Minnesota Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
