Legal Question in Criminal Law in Virginia

Charge error on summons

My friend and I were both charged with one thing but when we got our summons the charges were switched (I got his charge and he got my charge). We are curious to know if there is any way the case can be dismissed due to the error on the summons? Also at the time I was never told what I was being charged with or given any paperwork at the time of the offense. So if there is anyone that could answer my question or give any advice to help clear the charges from my record it would be very helpful.

Thanks


Asked on 9/09/02, 10:24 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Charge error on summons

Your cases will not be dismissed merely due to errors on the summonses. The prosecutor, with the court's permission, may orally move to emend(yes, this is the term, and not amend) the charges----or could move to dismiss them, and then refile them, correctly.

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Answered on 9/09/02, 10:57 pm


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