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Is an arrest warrant legal if the date is incorrect. What would be the result in a trial.
Anonymous6 views4 answers
An arrest warrant was issued involving stolen property but the date on the warrant is 5 months prior to the item being reported stolen and the date is the year prior to the incident
Yes, the warrant is still legal. However, if the state does realize the error it may cause problems for the state at a bond hearing or later on in the process. Has the person who was the subject of the warrant already been arrested on the warrant?
Most dates are referred to as "immaterial" which means a wrong date is not going to get your case dismissed. Also, the prosecutor is allowed to use a different date than that alleged on the warrant. However, there may a factual issue with the date that can help you fight the case. If you don't already have a lawyer, schedule a few free consultations to discuss your case.
Noah
John Arnold SteakleyCriminal Defense AttorneyMarietta, GA ·
Irrelevant. By the time you get to trial, the arrest warrant will be replaced by an indictment or accusation. Now, if THAT has the wrong date, then you might have an issue. Maybe.
