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How accurate does the info on a police criminal complaint have to be?
Anonymous5 views2 answers
Lets say a police criminal complaint written by a policeman states the name of a business, but is not the business involved. For instance the complaint says Kmart but it should have said Wal-Mart and this is repeated for every count. However, the person's statement (affidavit of probable cause) who brought the problem to the attention of the cop states the correct store. This info is sworn to be true by the cop and a warrant for arrest is issued. Is this simply looked at as a typo or is since the info is wrong, the warrant was issued using false info? Also, in general, lets say an offense is committed on the 10th of the month.
In Pennsylvania the accuracy of the complaint is important as is the affidavit of probably cause. Incorrect information may be sufficient to have the charges dismissed however. If the officer recognizes the error before or at the preliminary hearing he or she can move to amend the complaint and the magesterial district judge will probably do so. There is a chance the neither the office nor the Court will recognize the error and then a well skilled criminal defense attorney can assist in having the charges dismissed. This is not really something that you would want to clue the officer or Court into so that you attorney can best take advantage of the situation.
Also be aware that even if the complaint is dismissed the officer could get permission to refile.
Technical errors in the factual basis listed in an arrest warrant do not invalidate the warrant. If it was a search warrant for Walmart and it said Kmart, that would be a problem because its describing the wrong place to be searched. If the date was somehow important such that the judge who issued the warrant would not have done so with the correct date, then there would be an issue. Otherwise, he details are not that important.
Notice: The information contained herein is intended as general legal information and does not create an attorney-client relationship and is not governed by confidentiality rules. This general legal information is not a substitute for seeking the direct advice of legal counsel.
