Legal Question in Appeals and Writs in Virginia
court papers signed by judge on a possession of majuana case has wrong offense date what can be done to have this thrown out of court this is the circuit count or what recourse is there
Asked on 8/14/10, 8:58 am
2 Answers from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Nothing, based upon these facts (in my opinion). The fact that merely the date is wrong on the paperwork regarding the offense alleged is of little consequence in terms of the substance of the charge. (The prosecutor can easily move to have the charge amended to the correct date.)
Answered on 8/19/10, 10:58 am
sheryl shane
sheryl shane, attorney at law
You are unclear as to what court papers are signed by a judge. Prosecutors do have liberal rights to amend some documents. Orders may be another story. www.sherylshanelaw.com.
Sheryl Shane, Attorney at Law.
Answered on 8/24/10, 1:29 pm
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