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

Richmond, VA |
Attorney answers 5


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.


Nothing, the Prosecutor will just amend the date.

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

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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
(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.


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

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