Lady Lake, FL asked in Criminal Law for Florida

Q: Is it possible for a case to be dismissed or charges dropped due to an inaccurate arrest report?

Dates of occurrence listed on arrest report conflict with actual date of occurrence, actual evidence found during search of individual conflicts with actual evidence listed in report, actual evidence found at scene during search of residence conflicts with actual evidence listed on report. Report also lists surveillance of residence & uses as evidence to support witness statements but Motion of discovery states there was no electronic/audio recording or surveillance of residence?

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2 Lawyer Answers

A: You should be talking to your lawyer about this instead of on here. You may be revealing aspects of the defense your lawyer may be intending to use.

You asked your lawyer these same questions. If you do not trust your lawyer, then you should retain a new one.

I am sure your lawyer has explained to you the difference between the weight of the evidence and the admissibility of the evidence

A: A police report is a summary of the events observed by the police officer writing the report. The evidence presented at trial (testimony, DNA, pictures, recordings, etc.) will determine your innocence or guilt - not the police reports. The inconsistencies in a report, however, may be used to impeach a witness (attack one's credibility). Since police reports are generally not admissible in trial, the answer to your question is no.

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