Legal Question in Criminal Law in Virginia
On a misdemeanor charge a police officer swore in an affidavit that the alleged offense was committed on 10/09/2010 20:53 hrs however it was committed on 10/08/2010 20:53 .what is the chance of it being dismissed in va
4 Answers from Attorneys
Probably close to zero. Simple errors like this happen all the time. It's probably just a typo. Typos can be corrected. Dismissing a case because of this sort of error would not be just.
Attorney Hoffman apparently is a California practitioner and presents no evidence of currently being licensed to practice law in the Commonwealth of Virginia. (The issue presented in the question involves only the criminal laws/procedures applicable to the Commonwealth and not to those of California.)
Mr. Hendrickson does not claim my answer is wrong, and he doesn't offer any additional insights into your question. If I were soliciting your business it would matter that I'm not a Virginia lawyer. Since all I'm doing is (correctly) answering your question, it doesn't.
Errors can be corrected up to the last minute. If trial is done and no one discovers the error...you may win. But I advise to hire and attorney and hope for the best. You should probably look for another defense. Web: www.sherylshanelaw.com.
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