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What if police put wrong information in the police report?

Crystal Lake, IL |
Filed under: Criminal defense

I got arrested for a driving violation, not DUI, and the report states I was driving in places that I was not. What does this do to the validity of the report, or the charges all together.

Attorney Answers 2


The charges are filed by the DA, based on the police reports they receive and review. Your attorney should know how best to use these errors to your advantage in either negotiating the case or impeaching the officer during testimony.

Errors in the report do not automatically "invalidate" charges or an entire case. The extent of errors and how they'll affect your case? It really depends on a review of the entire case, putting the errors and their severity in context with other credible evidence.

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I agree with the assessments of Mr. Dane. In and of itself, the wrong information listed in the complaint becomes a basis to negotiate with the prosecutor, or a basis to attack the credibility of the officer at trial. It does not invalidate the complaint or result in a dismissal. Discuss these potential uses of the defects you refer to with your criminal defense lawyer before making any decisions on how to reolve this matter.

Disclaimer: The above answer does not constitute legal advice, attorney advertising, or establish an attorney-client privilege; and, is offered for the limited purpose of educating the requester as to the potential legal issues they need to discuss with a lawyer in their State. I strongly recommend you discuss this situation with an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions as to how to proceed. Do not presume that any legal analysis that may apply in NJ where I practice would apply in your State or under the facts and circumstances of your case, unless an attorney admitted in your State advises you that it applies to you and your case.

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