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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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if a felony indictment has the wrong location of the alleged

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if a felony indictment has the wrong location of the alleged crime is it void
Welcome and thank you for your question!

It is not automatically void. It can be amended when the error is learned. This is what usually happens. Motions to amend are regularly granted.

If the incident happened at a place outside of the court's jurisdiction, however, then it would be dismissed.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

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~~ J.B.
Customer: replied 4 years ago.

if trial has just started and defendent motions for decision based on wrong information--what happens then

The prosecutor can respond with a counter-motion to amend.

If the alleged incident actually physically occurred in a place that it outside of the court's jurisdiction, the court will dismiss the case without prejudice.

If the alleged incident still occurred in a place that is within the jurisdiction of the court, the court will grant the prosecutor's motion to amend. This assumes that the prosecutor has not yet rested its case.

~~ J.B.
Customer: replied 4 years ago.

what if prosecutor has rested his case

If the prosecutor has rested, then the prosecutor has closed its proof. Most likely the defendant would win on directed verdict.

~~ J.B.
JB Umphrey and 2 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.

are you fairly sure that a directed verdict for the defendant would happen

I answered this in the follow-up thread you posted. I will close this thread.

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