What Happens if the Indictment Contains the Wrong Information?
Full Question:
Answer:
An indictment alleging information in error may be amended. An indictment, presentment or information may be amended in all cases with the consent of the defendant. If no additional or different offense is thereby charged and no substantial rights of the defendant are thereby prejudiced, the court may permit an amendment without the defendant’s consent before double jeopardy attaches.
If the government discovers that the indictment alleged the wrong date of the offenses, it is possible another may be obtained from another grand jury a second indictment with the correct date. I suggest you contact a local criminal attorney who can review all the facts and documents involved.
Please see the following link for further discussion:
http://www.examiner.com/x-16813-Legal-News-Examiner~y2009m8d28-Double-jeopardy-precludes-new-indictment-against-James-LeRay-McIntosh-according-to-11th-Circuit