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

Raleigh, NC |
Filed under: Criminal defense

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

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Attorney answers 4

Posted

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

Posted

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 of the information on this website is not intended to create, and receipt does not constitute, a contract for representation by Kendra J. Long. This information is not intended to substitute for obtaining legal advice. No person should act or rely on any information in this site without seeking the advice of an attorney.

Posted

Sorry, no.

This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.

Posted

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.

<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.

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