Phoenix, AZ asked in Criminal Law for Arizona

Q: I got arrested for third degree trespassing and the officer wrote the wrong year for the date of the offense can dismiss

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1 Lawyer Answer
Zalman B. Sapad
Zalman B. Sapad
Answered
  • Criminal Law Lawyer
  • Tempe, AZ
  • Licensed in Arizona

A: If the case goes to trial and the prosecutor does not realize that the citation or charging document contains the incorrect year -- that is a dismissal at trial.

A skilled defense attorney can find a way to use this. It is common for the prosecutor to realize the "technical defect" prior to the trial and amend the charging document, but that have to do this within 20 days of when the trial is set.

For the most part, prosecutors usually catch these mistakes, but sometimes you can use it to your advantage.

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