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If the offender pleads not guilty, at what part of the trial, I suppose it would be by judge not jury, would be the point say “of no return” for the prosecution to amend the citation? For instance, if the offender plead not guilty, and he has his hearing before the judge and asks for a dismissal by bringing to his/her attention the error, when does the prosecution lose the opportunity to amend the charge?
Please forgive my courtroom ignorance. Then I assume the prosecution presents their case first and thereafter the defense? Would this be the time, after the defense presents it case, that the defendant would ask for a dismissal due to the mistake? Is there any other way to get it dismissed through proper channels other than having to go through a court trial?
Thank you. I believe this should be the last question on this topic. I assume the motion is presented in writing on a formalized court document, one which I should easily be able to obtain over the Internet?