Can my case be dismissed on grounds of a technicality?

Asked almost 2 years ago - Houston, TX

I was charged with a crime but on the charging instrument complaint tgey have identified me by my correct name but then in two other paragraohs it gas my first name correct and two times my last name is wrong. I have a court appointed attorney and i feel like he dont want to work....

Attorney answers (3)

  1. Carmine John Giardino

    Contributor Level 14

    3

    Lawyers agree

    Answered . Discuss this with your lawyer

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  2. Paul Holt Walcutt

    Contributor Level 16

    3

    Lawyers agree

    Answered . Bottom line: a misspelling or wrong last name in a subsequent paragraph of an indictment is not likely to result in a dismissal or directed verdict. Talk to your lawyer about whether or not this specific error is meaningful.

  3. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . The charging instrument can be easily amended by the State. If you set the case for trial, they will almost certainly catch the error and correct it. Or it may be a harmless error depending how incorrect the spelling is. Also, it sounds like you are talking about an enhancement paragraph. This has no effect on the underlying charge--just whether or not they can prove that paragraph.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more

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