My boyfriend is currently being charged with misdemeanor battery and disorderly conduct. In the original criminal complaint, the date was listed incorrectly. The date he was arrested and the incidient took place was January 26, 2019. In the criminal complaint, they had documented it happen on February 17, 2019. The judged dismissed the case, and gave the prosecutor 24 hours to correct the complaint, and the prosecutor agreed to that time frame. The prosecutor didn't correct the complain until 48 hours later, so is there a chance his case will be dismissed?
Any dismissal due to a defect in the complaint would be without prejudice, allowing the DA to re-file it on a new case number. The tactical question then becomes whether pursuing that dismissal (and making the DA do the extra work) offers any benefit to the defense.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
Yes, but there is a strong likelihood the DA will reissue it with the correct date. So, you win the small battle, but lose the war, and start all over again. Sorry.
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