If a ticket mistakenly lists the wrong county, willthat error get me out of the charges?
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If a ticket mistakenly lists the wrong county, willthat error get me out of the charges?
I received 2 tickets – 1 for possession of marijuana; 1 for paraphernalia. The state trooper filled out the tickets and entered the incorrect county. From what I am told, I should appear at my initial court date and plead not guilty. When the trial begins, I will state that I was in a different county from what my ticket was written for, therefore I shouldn’t be at this county’s courtroom and the case should be dismissed. And due to double jeopardy I cannot be tried again. Is this correct?
Asked on March 29, 2011 under Criminal Law, Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, this is incorrect. If there is an issue with jurisdiction (which county has authority) or venue (location of the trial or court), that will dismiss this case...but because it was not an adjudication on the merits in any way, it will not preclude the case being brough anew in the appropriate jurisdiction or venue. Whether or not they will bother doing so is a different matter, but the authorities could look to charge you again in the right place. This may provide a good opportunity to get them to agree to a much lesser charge, as a way to avoid having to go after you again, so you should retain a defense attorney who can represent you and also negotiate with the authorities on your behalf.
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