is this a cause for mistrial?

[cdkelley]

What is the name of your state? California

If a person is arrested & booked for drug charges & on the police report the report number got changed some how(i.e.one of the arresting officers changed a 3 to a 5 ),which lead to that person being booked under 1 case number & the evidence put on another case number,would this be grounds for a mis-trial? Or dismissal of the charges in any way?
Thanks,
Cathy

 

[seniorjudge]

Case numbers really do not affect a prosecutor's case.

However, a mix up in the evidence certainly would.

Could you give us some facts? I cannot answer your vague question.

 

[CdwJava]

What is the name of your state? California

If a person is arrested & booked for drug charges & on the police report the report number got changed some how(i.e.one of the arresting officers changed a 3 to a 5 ),which lead to that person being booked under 1 case number & the evidence put on another case number,would this be grounds for a mis-trial? Or dismissal of the charges in any way?
Thanks,
Cathy

It might provide some fuel to the defense case to challenge the evidence ... maybe. But the numbers issue does happen from time to time and should not have any grand effect on the criminal case - it is an administrative matter. And it's not sufficient for a mistrial.

Typos DO happen.

Besides, you do not want a mistrial, you'd want a defense win. A mistrial would almost certainly give the prosecution a chance to correct the boo-boo and try again.


- Carl

 

[cdkelley]

[QUOTECdwJava=] the numbers issue does happen from time to time and should not have any grand effect on the criminal case - it is an administrative matter. And it's not sufficient for a mistrial. [/QUOTE]

Thanks. That's what I thought.This was 5 years ago anyways,but I was always curious.
Still thank you for answering.
Take care,
Cathy