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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27705
Experience:  Active member of the NYS bar since 1989
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If the police mess up on a citation can that help me get out

Customer Question

if the police mess up on a citation can that help me get out of the case?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: virginia and december 16th
JA: Has anything been filed or reported?
Customer: i have a citation for underage possession of alcohol, but the police put another person's information on it and made me sign it so my own info isn't on it
JA: Anything else you want the lawyer to know before I connect you?
Customer: this would be my first offense
Submitted: 9 months ago.
Category: Legal
Expert:  Zoey, JD replied 9 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

What was on the ticket that was not about you? Was somebody else arrested with you?

Customer: replied 9 months ago.
The cop had me sign a citation, but after I left I realized that the citation had another passengers info on it but he made me sign it. Can that help me get out of this since he messed up?
Expert:  Zoey, JD replied 9 months ago.

Sorry for the delay. I am having computer difficulties.

Is the citation in his name or in yours? If yours, what information is his?

Expert:  Zoey, JD replied 9 months ago.

It might make a difference.

You can certainly make the argument that it was the other person on the citation who was supposed to be charged and ask that the matter be dismissed. The prosecutor would say that it's the equivalent of a typo and ask to amend the paperwork. The judge might grant it and then the case would continue. On the other hand, the judge might dismiss.

Customer: replied 9 months ago.
It's her name, address and all of that, the only thing that is mine is my signature, and also could it help her? Cause she never received a citation from the cops whatsoever. I received the one in her name and the cop told me to sign it and while under pressure and scared I signed without checking.
Expert:  Zoey, JD replied 9 months ago.

It would help you, but it would likely hurt her. Your argument is that the police officer handed the wrong person the ticket, that you signed it without looking and that you ask that it be dismissed as to you.

Customer: replied 9 months ago.
yeah but they didn't even give her any form of citation, but we were both "at fault" 3 out of the 4 people got citations. Only two of them were correctly given and signed correctly. Mine was incorrect and she received none.
Expert:  Zoey, JD replied 9 months ago.

Yes. They did give her a citation. But they handed it to you.

This is why co-defendants should have different lawyers. You're worrying about what will happen to her. If that's primarily what you care about and you want to take the weight of the case, you can tell the court the officer got your information all wrong and it should have been made out to you. The court will change the information to reflect you. I don't think it's a great idea, but you can do it.

On the other hand, you can make the argument that she is the one who should have gotten the ticket and ask that it be dismissed as to you But you can't do both. Your lawyer would, of course, tell you to try for the dismissal. Your name isn't even going to be called out in the courtroom.