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

Jackson Heights, NY |

Should I hire a lawyer for my appearance date?

Attorney Answers 8


  1. Best answer

    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 Chief in the Brooklyn DA's Office and have over 30 years of criminal law experience. Phone: 212-766-3366; www.goldbergandallen.com


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


  4. 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.


  5. 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 that any information provided is not intended as legal advice or to create an attorney-client relationship between you and me or any other attorney. Such information is intended for general informational purposes only and should be used only as a starting point for addressing your legal issues. In particular, my answers and those of others are not a substitute for an in-person or telephone consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue, and you should not rely solely upon Legal Information you obtain from this website or other resources which may be linked to an answer for informational purposes. You understand that questions and answers or other postings to the Site are not confidential and are not subject to attorney-client privilege. The full Avvo ToU are set forth at http://www.avvo.com/support/terms . In addition, while similar legal principles often apply in many states, I am only licensed to practice in the State of New York and Federal Courts. Any general information I provide about non-New York laws should be checked with an attorney licensed to practice in your State. Lastly, New York State Court rules (22 NYCRR Part 1200, Rule 7.1) also require me to inform you that my answers and attorney profile posted on the Avvo.com site may be considered "attorney advertising" and that "prior results do not guarantee a similar outcome".


  6. 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 substitution for a meeting whereas all potential legal issues can be discussed.


  7. 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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  8. 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.

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