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Wrong Date on Summons for Charges of Simple Possesion and Paraphernalia

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Billythebat337

Junior Member
What is the name of your state (only U.S. law)? Louisiana

On 12/22/12, I was detained, read my rights,issued a summons to appear in court by a Wildlife and Fisheries Agent for possesion on Poutpourri / Marijuana and drug paraphernalia and released. After hunting season ended, I contacted the DA's office to see if I could qualify for a pre-trial diversion program for 1st time, non violent offenders program. I went to school w/ the DA in that district, so I contacted him direct, explained my circumstances via e-mai and included a scanned copy of the Summons, and was subsequestly referred to the Assistant DA which runs that program. We set up a meeting for my inital enrollment for 2/15/13. I was forced to reschedule that meeting, but haven't done so yet. After reviewing the summons again, I realize that the date on the summons that was issued is Nov 22, 2012, Not Dec 22. Doesn't this make those charges null and void? I can prove that I was elsewhere on 11/22/12. If so, should I request directly from the DA's office to have the charges dropped or dismissed, or should I go ahead with my scheduled court appearance on 3/14/13 and plead not guilty?

Your advise is appreciated.
 


FlyingRon

Senior Member
Not in you wildest dreams. Even if the charges were void as they stands, all they'd have to do is fix the date and reissue them.
 

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