wrong person

[panteraxo]

What is the name of your state (only U.S. law)? utah My son was charged with theft but the day they have rhe crime committed he was in jail. Can the legal system now change the date of the crime to meet their date requirement since we proved our alibi!

 

[Joshuaace2]

What is the name of your state (only U.S. law)? utah My son was charged with theft but the day they have rhe crime committed he was in jail

He has a real good alibi then. Was he incarcerated that whole 24 hour period?

 

[FlyingRon]

If they were merely mistaken about the day the crime was committed, sure they can proceed with the prosecution. Obviously they can't lie and say it happened on a date it didn't. I was involved (as a victim) in a similar case. The initial arrest documents had the wrong month on the incident. At the prelim hearing they had alibi info for the incorrect date. I pointed out the corrected date and the trial proceeded and the guy ended up sentenced to a year in jail (grand larceny).

 

[dave33]

Perhaps you should let an attorney do the talking for you/son. I understand your good intentions, but you could very easily inadvertently provide police with exactly what they need. Get a lawyer, if this was a false arrest perhaps in the future you can handle this in a civil court. Who knows, maybe the state will drop the charges tomorrow. But, be careful you never know what the d.a. plans to do. Also, sometimes kids tend to not be completely honest about these things. Maybe you should have an attorney meet with him privately, just to avoid any future surprises. This will all go away with a plea. I am in no way advocating to plea in this case. I wasn't there and am not privy to every detail. Therefore, I am not in a position to render a decision as to plea one way or the other. goodluck.