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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.