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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24496
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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A friend was arrested 0511 01 M U. The Police Arrest Record

Customer Question

Hello;
A friend was arrested for VTL 0511 01 M U.
The Police Arrest Record contains incorrect data regarding Race, Place of Birth, and Citizenship. How these could be corrected? PLZ
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer. Thanks for requesting me.
This can be brought to the attention of the judge who can see that the record is amended. But just to make sure of what you're talking about, are you talking about your friend's official RAP sheet or about the written information on the police report?
Customer: replied 1 year ago.
The information written by the police in the police report
Expert:  Zoey_ JD replied 1 year ago.
What your friend should do depends on how your friend wants to handle the case.
For example, if he wants to fight the case, the fact that he does not in any way fit the description of the man who is on the police report may be helpful to the defense, because it may look like police arrested the wrong man or that the police were very sloppy in the way they did their job.
On the other hand, if your friend is not interested in going to trial on the case but he wants a deal, the information on the police report doesn't really matter, except that it might help his lawyer negotiate a dismissal or get him a better deal.
It's the information on the RAP sheet that really should be correct. To change that, if there's a problem there, your friend would have to write to the NYS Division of Criminal Justice Services (DCJS). They are the agency that maintains the criminal records for the state. He could ask them to correct his record:
http://www.criminaljustice.ny.gov/
But the police reports? He can bring that to the attention of the judge and the DA, but as I have indicated any mistakes made on police reports are usually good news for the defendant.
Customer: replied 1 year ago.
The rap sheet is correct; although the charges should have been for VTL 509.1. which is unknowingly Driving while License Privilege was suspended (VTL0511 is Knowingly Driving while License Privilege was suspended)Only police description of my friends race and citizenship info in the arrest record are incorrect.
Expert:  Zoey_ JD replied 1 year ago.
The DA will charge what he believes he can make stick. If he thinks he's got a 511, that's what he'll charge. Frequently, if the case is "iffy" he'll reduce it to a 509 for purposes of a plea disposition.
Again, if the RAP sheet is correct, that's what counts. Police errors on other reports help his case. Defense attorneys LOVE when police make those kinds of mistakes. They can create reasonable doubt in the minds of juries by showing that the police evidence is unreliable.