Can a felony charge be dropped if narration has wrong date of incident

Asked over 4 years ago - Orlando, FL

can a felony charge be dropped if narration has wrong date of incident. The arrest happened on November 13, but the narration states the incident happened on November 11.

Attorney answers (4)

  1. Craig A. Epifanio

    Contributor Level 18

    Answered . It won't be dropped because of the wrong date. However, a lawyer may be able to get the charge dismissed on various grounds, such as insufficient statement of particulars, or have the "information" struck. In other words, the state can easily fix the date but a good attorney might be able to get the charge dismissed. You should sit down with an attorney right away and talk about your options. Good luck.

  2. William Robert Jay

    Contributor Level 11

    Answered . The short answer is no. Writting errors or typos getting cases tossed is an old wives tale. Even at the close of the State's case at trial, they can be allowed to amend the charging document as long as it doesn't prejudice the defendant (and by prejudice, the case law doesn't mean that it screws up your "gotcha" defense).

    Particularly at the felony level, this sort of information is going to be sorted out during the discovery process. And if anything in the discovery makes it clear what date people are talking about, your "actual prejudice" claim gets really diminished.

    Now, if the entire discovery makes it sounds like you're being accused of somethng on date x, and you come to trial solely prepared to defend on an alibi defense that you weren't able to have done it on date x, that's a good actual prejudice claim if it comes down to that.

    Still, I'd probably have my lawyer prepare a defense on the merits if I were in your shoes.

  3. John Patrick Guidry II

    Contributor Level 15

    Answered . If these errors affect your defense you may have some wiggle room (for example, you have witnesses to say you were in church on November 11th, prosecutor later changes the date to Nov 13th).. However, these issues never amount to much, so I would not worry about it, though I do like the way you are attacking the police report, it's good to dig out EVERYTHING wrong with the state's position....

    The main thing to do right now is hire an attorney to begin your defense. The sooner an attorney can start attacking these accusations, the better off you're going to be once you arrive in court. Don't wait until the last minute to hire someone, it's typically a free consultation for most attorneys (myself included), so give my office a call and we'll sort this thing out. My number is 407.423.1117.

    Good Luck,

  4. Richard Earl Hornsby

    Pro

    Contributor Level 17

    Answered . No, that is considered a variance and so long as the State proves the correct date at trial, there is unlikely to be any problem for the State going forward.

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