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

Richmond, VA |

Felony embezzlement charges

Attorney Answers 5


  1. 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. 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, nor does it create, an attorney-client relationship between KaplunMarx, PLLC, Theodor Kapun and any receiver. The information provided on these pages is general only, and you should not act upon this information without consulting with a qualified attorney.


  3. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  4. 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 attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


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

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