Legal Question in Criminal Law in Texas
So I got a citation and the date the officer put for my court appearance is two years ago. Is this something I could use to get the citation dismissed. Take in mind this is my first offense unless you count a speeding ticket which I have already taken care of
1 Answer from Attorneys
It is a good excuse for not showing up in court. However, the citation is based upon the date of the offense. If that date is two years ago, you may have a reason for dismissal. The date that matters is the date in the charging instrument which can be an indictment, an information, or a capias. However, the prosecution can always amend the charging instrument until it rests at trial. The strategy that I have seen is to go to trial, let the state put on their case, rest, and then if the defective date has not been removed, move for a judgment of not guilty as there is no evidence supporting that the offense occurred on the date alleged.
However, you stated that the wrong date is the hearing date which is probably not the same thing. Get an attorney to look into the matter for you.
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