If the motion states one fact and the indictment states another fact, can the case be dropped?
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If the motion states one fact and the indictment states another fact, can the case be dropped?
My boyfriend has a drug case and he just received his indictment papers. The motion of discovery states he sold drugs by “Church A” but on the indictment “Church B” was named. So since the indictment suppose to be a “true bill”. What is the next step?
Asked on September 22, 2011 under Criminal Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Unfortunately, there really is no next step--the courts will not throw out a case (whether criminal or civil) because of what is likely a typo or other similar minor, non-substantive error. If this error is pointed out to the court or the other side--which you will have to do to try to challenge it--they will have the opportunity to amend one or another document to correct the simple error.
Should it turn out that prosecution witnessses do in fact disagree about core elements or facts, it may at that point be possible to have the case thrown out--or at minimum, their confusion and disagreement will provide good grounds for cross-examination and damaging their credibility. But that is very likely not the case; this is most likely a mere "editorial error," and those will not result in the case being dismissed, but rather in a chance to correct the error.
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