Does a summons indicated for traffic court but actually for criminal court still count?

Asked about 4 years ago - Lancaster, VA

Issued a summons for a class 3 criminal offense, but on the summons the 'Traffic' court section was selected - rather then the criminal selection. Is this summons still valid? Only after signature was the error discovered. The times and dates for court are correct for Criminal Court though.

Attorney answers (2)

  1. Timothy Kevin Wilson

    Pro

    Contributor Level 15

    Answered . Many jurisdictions in Virginia conduct criminal court and traffic court in the same courtroom at the same time, so this may not be a mistake at all. if it is a mistake, I doubt that this sort of mistake would result in the dismissal of your case. The summons is intended to give you notice of the allegation against you and it seems clear that you understand the allegation.

    You don't say what the Class 3 misdemeanor offense is, but as with all criminal charges, I recommend you retain an experienced Virginia Criminal Defense Lawyer to handle the case so that you put yourself in the best position for success.

    This answer is provided as general information, is not intended to be relied upon, and does not create an attorney – client relationship. For more detailed information specific to your particular situation consult with an attorney experienced in the field of Virginia DUI & Criminal Defense.

    T. Kevin Wilson, Esq.
    The Wilson Law Firm
    DUI & Criminal Defense…When Results Matter
    9300 Grant Avenue
    Suite 301
    Manassas, Virginia 20110

    Telephone 703-361-6100
    Telephone 888-DUI-LWYR
    Facsimile 703-365-7988

    Web: www.TheWilsonLawFirm.org

    Member, National College of DUI Defense
    Member, Virginia Association of Criminal Defense Lawyers
    Member, National Association of Criminal Defense Lawyers

    For a FREE copy of the Virginia DUI / DWI Arrest Survival Guide: The Guilt Myth, a consumer guide written by a nationally recognized Virginia DUI Defense Lawyer, visit www.TheWilsonLawFirm.org

  2. James Robert Parrish

    Pro

    Contributor Level 9

    Answered . Your type of question is quite common and is the subject of much confusion amongst folks facing these types of charges.

    Unfortunately for you, the Summons is very likely valid and a Court would likely not dismiss the case based solely on the box checked by the charging law enforcement officer.

    Of course, this may not be the only error the officer made in your case and you should have an attorney with experience in this area review all of the facts of your situation and represent you in Court.

    The response given is not intended to create, nor does it create an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

    James R. Parrish, Esquire
    Parrish Law Firm, PLLC
    10620-C Crestwood Drive
    Manassas, Virginia 20109
    (571) 229-1800 x203 Office
    (703) 906-4229 Cell
    (571) 229-1818 Fax
    (703) 991-7096 eFax

    www.theparrishlawfirm.com

    www.accidents.theparrishlawfirm.com

    www.dwi.theparrishlawfirm.com

    www.traffic.theparrishlawfirm.com

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