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MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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How important is a specific address in a crime charged by information?

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How important is a specific address in a crime charged by information? Example: Crime is alleged in information to have occurred at (Hotel Name) 1000 S 43rd St. While this is the mailing address for the hotel, that address actually refers only to the parcel containing the parking lot. The hotel building is part of a complex which sits on an adjacent parcel with the legal address of 1200 S 43rd St.

Is this a substantial error or a harmless error?

MyraB :

Hi. It will be my pleasure to assist you with your question today.

MyraB :

Because the address is not an element of the offense, generally it is not essential to have the exact information.

MyraB :

However, could you tell me the state involved and the crime charged?

Customer:

North Dakota. Gross Sexual Imposition

MyraB :

Just let me take a look at the elements of the offense.

MyraB :

There is nothing in the elements of the crime that would suggest that the place or address would need to pleaded with accuracy.

MyraB :

The purpose of the information is to advise you of the charges so that you are able to prepare a defense and know what the allegations are.

MyraB :

If the hotel name is XXXXX XXXXX the address differs a bit, it would not affect the charge.

MyraB :

I'm sorry I could not give you better news, but I hope the information will be useful to you.

Customer:

Ok. The property where the alleged crime took place is city owned. I assume that this does not affect jurisdiction at all?

MyraB :

As long as it is all within the same city, it would not affect jurisdiction.

MyraB :

The only situation I could see it come into play would be where it is a border with another city or town.

MyraB :

And the wrong address would place the scene of the alleged crime in another jurisdiction.

MyraB :

From the one where the conduct actually occurred.

Customer:

ok. thank you.

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