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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-11-2004, 05:53 PM
screwd64
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date of incident incorrect

What is the name of your state? South Carolina

I was served an arrest warrant yesterday for a single incident of harassment that I just now noticed had the incorrect date of the incident on the affidavit. It was a stupid occurence and it did happen (regrettably) but nonetheless the info is incorrect Other information is also grossly incorrect as well but I was wondering...if nothing occurred on the date on the affidavit and arrest warrant, would it be in my best interest to plead not guilty since indeed nothing did occur? This can be proven as well. Thanks
  #2  
Old 04-12-2004, 05:50 PM
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Re: date of incident incorrect

Quote:
Originally posted by screwd64
What is the name of your state? South Carolina

I was served an arrest warrant yesterday for a single incident of harassment that I just now noticed had the incorrect date of the incident on the affidavit. It was a stupid occurence and it did happen (regrettably) but nonetheless the info is incorrect Other information is also grossly incorrect as well but I was wondering...if nothing occurred on the date on the affidavit and arrest warrant, would it be in my best interest to plead not guilty since indeed nothing did occur? This can be proven as well. Thanks

This one is sooo easy. You simply take the jury back in time to the date and place where it was alleged to have happened and they will clearly see that you are correct. Jules Vern may be of some help here.
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  #3  
Old 04-12-2004, 06:39 PM
screwd64
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Thank you for your response. Although the Jules Verne reference escapes me (LOL), I appreciate it.
  #4  
Old 04-12-2004, 10:53 PM
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Frickin' Alzheimer's Disease!!

H.G. Wells
  #5  
Old 04-13-2004, 05:54 AM
screwd64
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Missed the subtlety...my bad. Thanks again
  #6  
Old 05-01-2004, 11:32 PM
NorthDA
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Wrong Date

Dear Screw:

If the date is wrong on the affidavit, it will be corrected. The Rules of Criminal Procedure allow for this.
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