Legal Question in Criminal Law in Nebraska

Re: Wrong date on MIP ticket

Not if the complaint is filed with language using "on or about" describing the date. The date of an alleged offense is important in letting the defendant know when the crime is to have occurred so that a defense can be prepared. If a robbery took place on the 21st, and the defendant was in London on that date, the defendant will be able to offer an alibi defense based on that date. Since you recieved the citation personally, you will know the actual date, time and location of the event you must defend. Its only when a defendant is prejudiced by the inaccuracy in a date of an offense that a dismissal is possible. Usually, if the discrepancy is pointed out, the prosecutor will simply ask the court for permission to amend the complaint to reflect the correct date. Permission is almost always granted, unless the defendant objects and can show the court why the amendment is legally impermissible or unfair to the defendant.

You may have a defense, but you need to speak with an attorney about the specific facts in your case to be sure.

Bill Jones