If I was served with a criminal summons and the offense date is incorrect by10 days of the incident is this grounds for dismissal?
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If I was served with a criminal summons and the offense date is incorrect by10 days of the incident is this grounds for dismissal?
Asked on January 25, 2012 under Criminal Law, North Carolina
Answers:
Kelly Broadbent / Broadbent & Taylor
Answered 12 years ago | Contributor
A mistake as to the date of the offense could possibly be grounds for dismissal, or could be used as a defense. The Commonwealth is required to prove Beyond a reasonable doubt that you committed the crime as alleged in the police report and as charged in the court. If there is a discrepancy as to when the offense actually occured, it will be difficult to prove the offense beyond a reasonable doubt. Also, it may give you an alabi as to what occurred on the particular date and time charged.
You should contact a local lawyer to review the complaint to see if any motions can be filed prior to the arraignment of the charges.
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