Legal Question in Criminal Law in New York

Would it be considered a mistrial if there is a mistake on my affidavit?

I am going through court right now for ATTEMPTED MURDER in the 2ND and ARSON in the 2ND. In the beginning of the Affidavit for the ATTEMPTED MURDER in the 2ND charge, it states, ''That on or about the 15TH of JULY, 2001, at about 12:00AM in the TOWN of Orleans, County of Jefferson, the defendant(s) did intentionally, knowingly and unlawfully commit the FELONY of MURDER 2ND. Which is not true. I'm going through an ATTEMPTED MURDER in the 2ND case, not MURDER in the 2ND. Would this be considerdd a mistrial?


Asked on 7/22/05, 1:37 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Would it be considered a mistrial if there is a mistake on my affidavit?

No it wouldnt be a mistrial. If the verdict form does not match the indictment or charging document when the verdict comes in it would be. You should bring this to your attys attention, not some internet lawyer.

Read more
Answered on 7/22/05, 2:02 pm


Related Questions & Answers

More Criminal Law questions and answers in New York