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Criminal Law Blog


Apex Criminal Law Blog

Law Offices Of Wiley Nickel, PLLC


My Citation Has an Error, Does that Mean it Will Be Dismissed?

Not necessarily. A case will only be dismissed if the flaw in the citation is fatal and it is not amended by the prosecutor prior to the start of a trial. For instance, in a Shoplifting or Larceny case if the officer incorrectly lists the store's name that must be corrected prior to the start of a trial. On citations for Possession of Drug Paraphernalia the officer must list the alleged type of paraphernalia such as "wrapping papers." Errors like misstating the victim information, or alleged activity are fatal flaws. However, if the error is simply a misspelling of your name or address etc. the flaw is viewed as minor and will not impact the outcome of the case. 

If you notice an error on your citation, you should consult with an attorney to discuss your options. An error on your citation is NOT an excuse to miss court. Missing court could result in an order for your arrest or a failure to appear on your record. 

If you have any questions regarding a citation, or the information on it, call the Law Offices of Wiley Nickel for a free consultation. You may also email the attorneys directly by contacting Kristi Haddock at Kristi@wileynickel.com or Wiley Nickel at wiley@wileynickel.com

Wiley Nickel