My last name is spelled wrong on my PINK SUMMONS in violation of 153.09? Would this be grounds for being dismissed?

Asked over 1 year ago - Jackson Heights, NY

Should I hire a lawyer for my appearance date?

Attorney answers (8)

  1. Jay K Goldberg

    Contributor Level 16

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    Answered . The summons will not be dismissed because of a misspelling. If you can afford a lawyer, you should hire one. If you cannot, you will get a court appointed lawyer who will likely do no more than tell you the plea offer and ask if you want to accept it. The lawyers at the summons part do not have the time to speak with each person.

    I have been chosen by Superlawyers as one of the top criminal defense lawyers in NYC. I was a First Deputy Bureau... more
  2. Ian Thomas Valkenet

    Pro

    Contributor Level 16

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    Answered . Yes, you should hire an attorney. If you cannot afford one, apply for the services of the public defender. They will explain to you that misspellings/clerical errors are not grounds for dismissal of substantive criminal charges.

    Your own criminal trial is no time to try to teach yourself the nuanced rules of constitutional criminal procedure, substantive criminal law, and the rules of evidence. Get an attorney!

  3. John M. Cromwell

    Pro

    Contributor Level 16

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    Answered . Not only will hiring a lawyer in advance of the court date allow for more time for the lawyer to explore ways to contest the charges, but you will get faster service on the court date.

  4. Jack Richard Lebowitz

    Pro

    Contributor Level 18

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    Answered . Maybe if they spelled your last name "Smith" and it's "Jones" and got all the other identification information like your driver's license and address wrong that "technicality" might work for you. Otherwise, you'll need a better defense or plea bargain and an attorney is the right person to discuss that with.

    This answer is provided under the Avvo.com “Terms and Conditions of Use” (“ToU”), particularly ¶9 which states... more
  5. Joseph A Lo Piccolo

    Contributor Level 20

    3

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    Answered . You should hire an attorney. That will not get you a dismissal


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  6. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . I handle these all the time. A misspelled name is meaningless. If you hire a lawyer you do not have to appear yourself.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  7. John J. Carney

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . The case will not be effected by the error, the prosecutor will move to amend the information. If you are indigent you are forced to use Legal Aid. If you have $1,000 you should retain a private attorney or you could lose certain rights to housing, benefits, or find it hard to get a decent job with a criminal conviction.

  8. John Paul Thygerson

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . Attorney Valkenet is correct. Get an attorney to fight for you.

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