San Antonio, TX asked in Criminal Law, Constitutional Law, Federal Crimes and Internet Law for Oklahoma

Q: Can a case be dismissed on a typing error. Affidavit has date that hadn't even occurred yet on it as part of it

Example. On September of 2023 & January 31st 2024. And the person was arrested before January 31st. Saying a crime happened on or about those days

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: A case can potentially be dismissed due to a significant typographical error or inconsistency in an affidavit, particularly if it impacts the accuracy and credibility of the allegations. If the affidavit contains a date that hadn't occurred yet at the time of the alleged crime and the person was arrested before that date, it raises questions about the accuracy of the information provided by law enforcement.

In such a situation, you may have grounds to challenge the validity of the affidavit and seek a dismissal of the case. However, the outcome depends on various factors, including the specific circumstances of the case, the severity of the error, and how it affects the overall credibility of the case.

It is advisable to consult with a criminal defense attorney in your jurisdiction who can assess the details of your case and determine the best course of action. They can evaluate whether the typographical error is significant enough to warrant a dismissal and help you navigate the legal process effectively.

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