Legal Question in Criminal Law in South Carolina
law question
what is a typo?what does it mean? if a confession is giving but the statement that was written say the crime happen on 2/5/00 but the crime did not occur until 3/5/00 can the statement be thrown out because the defendent describe a incident on the wrong date plus crime did not occur then it occur on a different date.also if a want was issue before the crime happen can the warrent or charge be thrown out.
1 Answer from Attorneys
Re: law question
A Type is short for a Typographical Error. Meaning that someone wrote or typed something accidently. It is usually considered something small like the wrong letter or number.
Its unlikely that a Judge would throw out a confession for something like that. More likely the Judge would allow the confession into evidence and then the attorneys can make whatever arguement they want regarding the date, and let the jury decide.
If a warrant is truely issued before the crime, then it could be grounds for a dismissal. However, how in the world would the police know in advance that a crime was going to be committed?
The big issue with confessions is whether or not they were voluntary and whether or not the defendant properly recieved Miranda warnings.
Your welcome to call or email for more questions.
Robert Johnston [email protected]
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