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

Should I hire a lawyer for my appearance date?

Jackson Heights, NY -

Attorney Answers (8)

Jay K Goldberg

Jay K Goldberg

Criminal Defense Attorney - New York, NY
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.

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Ian Thomas Valkenet

Ian Thomas Valkenet

Criminal Defense Attorney - Baltimore, MD
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!

John M. Cromwell

John M. Cromwell

Criminal Defense Attorney - Scarsdale, NY
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.

Jack Richard Lebowitz

Jack Richard Lebowitz

Litigation Lawyer - Glens Falls, NY
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.

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Joseph A Lo Piccolo

Joseph A Lo Piccolo

Criminal Defense Attorney - Garden City, NY
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

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Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
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
John J. Carney

John J. Carney

Criminal Defense Attorney - New York, NY
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.

John Paul Thygerson

John Paul Thygerson

Criminal Defense Attorney - Norwalk, CT
Answered

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

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