I was pulled over because I backed into my girlfriend's mothers van and dented the bumper while trying to back out in her drive way &I was unaware I hit it at all. The address the officer put for where the crime happened is about 10 miles away from her home.I ended up getting pulled over 3 blocks away after her mom called the cops on me.I ended up being charged with dui after they arrested me for the criminal damage.
That mistake alone, probably not. The charging document can always be amended to show the correct address. There may be other issues worth looking at. Make sure to speak to an attorney before your court date.
Mr. Allen is correct. A clerical error alone is not grounds to dismiss a case. However you may have a defense to your case based on the facts. In your circumstance it is unlikely you will be provided a public defender. You will have to hire private counsel. However, many attorneys offer free consultations, and a case like this should not be very expensive.
The information in this answer was not provided with the intent to fully address your legal issue. This information is a brief description of the legal issues you are facing and is not intended to be relied upon for the purposes of your case. Nor does this answer create an attorney-client relationship.
It is unlikely that the crime will get tossed out.
he response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Arizona. Responses are based solely on Arizona law unless stated otherwise.
If you received a summons personally, then no there's no reason for the case to be "tossed out". In fact with misdemeanors you can take the case to trial and if you win your case will be "tossed out". They don't toss acsesout for technicalities. If there was a problem the County Attorney would just amend the charging document to reflect the correct information.
As you received the citation you also have zero speedy trial defenses if you think you can just avoid court as well and a warrant will be issued for your arrest. so you'll have to get an attorney and fight this. Youw ill also have to stipulate to the restitution damage done to the victim's vehicle.
Many attorneys give free consultations so hire one imemdiately. I was a former prosecutor in your area.
The above statement should not be construed as legal advice, does not create an attorney-client relationship, and is provided purely for informational purposes. You are advised to seek legal advice from an attorney and NOT AN UNLICENSED PARALEGAL SERVICE for any legal questions you have.
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