The term “fatal variance” is used in the legal context to describe a discrepancy between the charges brought against a defendant and the evidence presented in court. When this variance is substantial enough to deny the defendant fair notice or subject them to double jeopardy, it is deemed fatal and may result in the conviction being overturned. In zoning law, a variance refers to an official authorization to deviate from the stipulated requirements, whether it pertains to construction and placement (area variance) or usage (use variance).
A fatal variance refers to a discrepancy between two statements or documents that should align, particularly in the context of criminal proceedings. This variance can either deprive the defendant of adequate notice regarding the charges or expose them to the risk of being tried for the same offence twice. When a fatal variance is identified, it serves as grounds for overturning a conviction. For instance, if the charging instrument states that the defendant committed a crime on a specific date, but the evidence presented during the trial indicates a different date, it would be considered a fatal variance. Similarly, if the charging instrument alleges the use of a particular weapon, but the evidence presented shows a different weapon was used, it would also be classified as a fatal variance. These examples highlight how a fatal variance can arise in criminal cases when there is a disparity between the allegations in the charging instrument and the evidence presented at trial. Such a variance can be detrimental to the defendant’s right to a fair trial and may lead to the reversal of their conviction.
A fatal variance occurs when the evidence presented at trial does not match the allegations in the charging document, leading to a potential dismissal of the case.
A fatal variance can result in the dismissal of the case if the prosecution is unable to prove the allegations as stated in the charging document.
You should consult with a criminal defence attorney to discuss the potential impact of a fatal variance on your case and explore your legal options.
In some cases, a fatal variance may be corrected by amending the charging document to align with the evidence presented at trial. However, this will depend on the specific circumstances of the case.
If a fatal variance is found, the prosecution may be unable to proceed with the case, leading to a dismissal or a mistrial.
Gathering evidence and documentation that demonstrates the discrepancy between the allegations in the charging document and the evidence presented at trial can help support your claim of a fatal variance.
Yes, a fatal variance can be used as a defence to challenge the prosecution’s case and potentially have the charges dismissed.
The judge will review the evidence and arguments presented by both the prosecution and the defence to determine if a fatal variance exists and what impact it may have on the case.
There may be certain legal doctrines or exceptions that could apply in specific cases, so it’s important to consult with a legal professional to understand the potential implications for your case.
Working with a knowledgeable and experienced attorney who can carefully review the charging documents and evidence in your case can help identify and address any potential fatal variances before they become a significant issue.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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