If I have a relative who was arrested for evading arrest, the affidavit for arrest warrant or capias is full of errors, are these errors are enough to get the case dropped?

UPDATED: Sep 29, 2022

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If I have a relative who was arrested for evading arrest, the affidavit for arrest warrant or capias is full of errors, are these errors are enough to get the case dropped?

Doesn’t the case have to follow the sworn statement? The warrant begins with an error (one of the street names) and continues on with turns that are impossible to make. Example, report says turns right on a street and there is no way to turn in that direction! You can only turn left! Then once again it shows a right turn, where you can only turn left! How can I help him to fight this charge and is it possible for me to get the dash cam video which will clearly dispute these facts in the capias?

Asked on July 30, 2015 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You may or may not be able to get the case thrown out because of the bad affidavit.  The errors, by themselves, will not result in the dismissal of an offense that was observed "on view" by an officer... which most evading offenses are. 

However, the affidavit can help convice a jury that the officer lacks credibitily, and therefore, your son should not be convicted of the offense. 

You can request a dash cam... but... if you can disprove the affidavit without the dash cam... it may be more strategic to do so.  Let me explain.... the camera usually shows exactly what happened and did not happen.  Even though the affidavit had errors.... if the dash cam clearly shows that your relative committed an offense... then a jury isn't really going to care what the affidavit says or didn't say. 

On the flip side... if you don't request the video and it's not preserved (which happens more disturbingly than it should), then the only evidence is the officer's word.  If the affidavit demonstrates that the officer lied, was mistaken, or otherwise recited impossible facts... then a jury will evaluate whether or not the offense occured.... and your relative will have a better chance of defeating the charge. So... before considering getting the video....just know that you may be preserving the one piece of evidence that help or hurt his case.

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