Attempted Assault in the 4th Degree Citation Error
My question involves criminal law for the state of: Washington
I was charged with attempted assault in the fourth degree because my still current girlfriend got drunk dug through my phone and flipped out on me called the cops and said I beat her when arrested and issued the citation the address on the form was non existent is this grounds for dismissal there are no witnesses and she will not testify she also can't say she made it up for fear of being charged with lying to a pu mic official which she was already threatened with thank you for the help
Re: Attempted Assault in the 4th Degree Citation Error
No, nothing on the form is going to have any bearing on your case. You'll need to present a defense.
Re: Attempted Assault in the 4th Degree Citation Error
Really? I can't use the form to discredit the officer who made the arrest he is going to be the prosecutions only witness...
Re: Attempted Assault in the 4th Degree Citation Error
A clerical error on a form like a ticket or summons handed to a person (as opposed to mailed) is rarely grounds for dismissal - in most cases the officer will be allowed to update/amend/correct it. If you think the offier won't remember the address of the arrest because it wasn't on the citation, you can attempt that defense. Odds are pretty good that the officer WILL be able to testify as to where he was.