If the offense date on my warrant is wrong what will happen?

Asked about 1 year ago - Richmond, VA

Felony embezzlement charges

Attorney answers (5)

  1. Patrick Michael Lawrence Blanch

    Pro

    Contributor Level 9

    7

    Lawyers agree

    Answered . Your attorney can move to dismiss the charge either at preliminary hearing or at trial, but the Commonwealth has the option to simply amend the charge to reflect the correct date of offense. Unless the prosecutor is asleep at the wheel, this problem is unlikely to save you.

  2. James Donald Garrett

    Contributor Level 20

    5

    Lawyers agree

    Answered . The warrant may be amended by the Commonwealth Attorney at your preliminary hearing, if they know about it. If they fail to amend the warrant, and the evidence presented at your hearing does not comport with the date on the warrant, the charge may be dismissed. However, the Commonwealth may direct indict you anyway.

    If the matter is left alone at your preliminary hearing and goes to the grand jury with the incorrect date, and the evidence at your trial in circuit court does not comport with the date on the indictment, your attorney may be able to get the charge dismissed at that point which is final. However, the Commonwealth is permitted to amend the indictment up to the point of a final verdict.

    Good luck.

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    James Garrett
    Garrett Law Group, PLC
    http://www.garrettlawgroup.com
    jd@garrettlawgroup.com
    (757) 422-4646 - 24 hour Service

    Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any... more
  3. Theodor Kaplun

    Contributor Level 16

    4

    Lawyers agree

    Answered . Nothing, the Prosecutor will just amend the date.

    The above answer is for information only; and does NOT constitute legal advice. This answer does not constitute,... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . The date will be amended and the criminal case will proceed as intended.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Marina Medvin

    Pro

    Contributor Level 4

    2

    Lawyers agree

    Answered . Agreed. There isn't anything that you can gain out of this.

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