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August 17, 2011

A State Misdemeanor Citation without a Description is Void

From time to time, as a Criminal Defense Attorney I encounter individuals charged with State Misdemeanor Citations wherein the police officer failed to provide a description of the underlying actions.
In a recent Tennessee Court of Criminal Appeals case, State v. Benjamin Word, the court found that a charging instrument that does not sufficiently describe the essential facts to apprise a defendant of the offense that they are charged to defend is invalid and does not provide a trial court with jurisdiction.
If you have questions about a criminal charge in Nashville or Middle Tennessee, don’t hesitate to contact Vince Wyatt or David Raybin at 615.256.6666.