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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15920
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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IF A CITATION FOR SHOPLIFTING IN GOODYEAR ARIZONA ISNT DATED

Customer Question

IF A CITATION FOR SHOPLIFTING IN GOODYEAR ARIZONA ISNT DATED IS IT A VALID TICKET
Submitted: 3 years ago.
Category: Criminal Law
Expert:  socrateaser replied 3 years ago.
What do you mean by "isn't dated?" Do you mean that the date of the misdemeanor is not noted, or that the officer's signature doesn't display a date?
Customer: replied 3 years ago.
it is not dated by the officer and he called and wants to hand deliver another citation to the house,just seems kind of odd. What do you think? Maricopa county arizona city of Goodyear
Expert:  socrateaser replied 3 years ago.
I seriously doubt that the court will dismiss the citation on grounds that the officer failed to date the notice to appear. However, if you want to test the theory, then don't let the officer contact you prior to the court date, and then before entering a plea, move to dismiss on grounds that the officer's verification is not dated.

Hope this helps.
Customer: replied 3 years ago.
Has this worked in the past??
Customer: replied 3 years ago.
Relist: Answer quality.
For $38 I could have said that I want to know if a citation is not dated or a time put on there is there a possibility of it being a invalid citation and grounds for dismissal
Expert:  Zoey_ JD replied 3 years ago.
Hello,

You can move for dismissal on the basis that the court lacks juridiction over your case because the accusatory instrument was defective. That's the good news.

The bad news is that the moment you do, the prosecutor is going to ask that the paperwork be amended to correct the mistake. Many judges will deny your motion and allow the prosecutor (over your objection) to have the record corrected and that will take care of that.

Those judges who will grant the dismissal, will do so with leave to restore, as the dismissal will not be on the merits of the case. That means that the prosecutor will simply be able to file a new correct accusatory instrument. The prosecutor could choose not to bother, but they they almost always will refile and you will have to come in again and begin the case in earnest. When you do, the prosecutor may not be particularly inclined to do you any favors when it comes to a generous plea agreement.

So yes, you can duck the cop, but the odds are overwhelming that you'll only be postponing the inevitable.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15920
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you

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