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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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Old 06-28-2006, 12:59 AM
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Join Date: Jun 2006
Posts: 2

Incorrect summons information=Dismissal?


What is the name of your state? NY

I was recently given a summons for open container(alcohol) in public. The officer incorrectly copied my birth date and misspelled alcohol.(she spelt is achol). She also failed to give me a summons for being under 21. In the past six months I was charged with the same offense, different occasion; I also received a summons for being under 21. I was put on a bargain that no other offenses would be committed in a 12 month period. I am worried because as a student having this on my record may prevent me from getting a job that I would like in future.

I have found that I can pay a $25 dollar fine instead of a court appearance which I was planning on doing, unless there is some way if I show up to court that this can be dropped. Do I have a chance?

Thank you for your time
  #2  
Old 06-28-2006, 04:08 AM
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Join Date: Jun 2005
Posts: 2,426
There is no magic 'get off free' when the cop makes a mistake on the cite.

Usu, a Prosecutor will sign off on all misdemeanor charges, and they can add, delete, or change any charges, based on the facts.
Msdm cites are usu presented to the Prosecutor with a 'narrative' police report, stating the reason for the contact/stop, what happened, what was said.
A 'rap' sheet usu accompanies the paperwork (which would show the prior).

I think you'll get nailed on the two cites (a wrong birthday makes it seem like you gave wrong info).
Just be prepared for the consequences, and
Who knows ? maybe you'll be the 1 in a thousand that does fall between the cracks.
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