Can a misdemeanor assault be dismissed because the officer has the incorrect date on the citation?

UPDATED: Feb 15, 2012

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Can a misdemeanor assault be dismissed because the officer has the incorrect date on the citation?

My 17 year old son was in a fight at school and was charged with a misdemeanor assault. He has never been in trouble and if we could get this charge dropped it would be a heavy weight off of our shoulders.

Asked on February 15, 2012 under Criminal Law, Nebraska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely a misdemeanor assault charge will not be dismissed against your son simply because the citing officer placed the wrong date on the citation. I suggest that you consult with a criminal defense attorney for your son.

Possibly the court may place your son on court probation where he attends anger management classes, does community service work and pays a fine. If successful, the charge may be dismissed as to him since he is a minor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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