If my name is spelled wrong on a legal document will my case be thrown out of court

Asked almost 2 years ago - Raleigh, NC

I got an indictment and my name is spelled wrong can my case be thrown out

Attorney answers (4)

  1. Damon John Chetson

    Contributor Level 14

    1

    Lawyer agrees

    Answered . As the other lawyers said, the answer is no. The article below - "the criminal indictment" - has a good explanation of which defects in a charging document can affect the outcome in an NC criminal case. The answer is very few.

    And, in any case, the State can amend the indictment in most cases before the close of its evidence, so mistakes that might cause a problem at trial are usually fixed by the state before they become an issue.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more
  2. Thomas Klemens Almquist

    Contributor Level 12

    2

    Lawyers agree

    Answered . No. Not just for a misspelled name. Nice try! Talk to a lawyer.

  3. Kendra Joanna Long

    Contributor Level 6

    1

    Lawyer agrees

    Answered . As a general rule, the simple misspelling of a name is not going to be sufficient to have a case thrown out. You obviously have notice that there is a case against you, even if your name has a spelling issue in the court paperwork. You should speak with a Criminal Defense attorney about correcting the error so you continue to be kept alerted as to the status of your case.

    This reply does not constitute legal advice or the establishment of an attorney-client relationship. Your receipt... more
  4. Robert David Richman

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Sorry, no.

    This answer is provided for educational purposes only and is not intended as the practice of law in any... more

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