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    Joeleen's Avatar
    Joeleen Posts: 1, Reputation: 1
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    #1

    Feb 27, 2008, 03:37 PM
    Mistake on application for criminal complaint
    I have an application for criminal complaint to appear at trial court of Ma. District Court Department and it is for offense code 138/34C/A, Liquor, Person under 21 Possess.
    The Offense date is listed as 2/25/2008 but the offense occurred on 2/23/2008. Is this grounds to have this dismissed?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 27, 2008, 04:35 PM
    Normally no, a error in the date will not normally cause a judge to throw the case out.

    Also they could drop this and merely re-issue the complaint anyway.
    I will also note that I have seen dozens and dozens of under age drinking cases and was there in court and watched what happened, those that went in ( esp with an attorney) told the judge how sorry they were, and that this has taught them a lesson and asked for community service and when it was done the case would be dismissed. Almost all of them got it.
    Those that went in thinking they were Perry mason and tried to get it droped, and tried to prove they were not guilty nomraly had the book thrown in them, even say one guy get 3 days in jail because he could not keep his mouth shut
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