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Can my case be dismissed on grounds of a technicality?

Houston, TX |

I was charged with a crime but on the charging instrument complaint tgey have identified me by my correct name but then in two other paragraohs it gas my first name correct and two times my last name is wrong. I have a court appointed attorney and i feel like he dont want to work....

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Filed under: Criminal defense
Attorney answers 3


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The charging instrument can be easily amended by the State. If you set the case for trial, they will almost certainly catch the error and correct it. Or it may be a harmless error depending how incorrect the spelling is. Also, it sounds like you are talking about an enhancement paragraph. This has no effect on the underlying charge--just whether or not they can prove that paragraph.

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Bottom line: a misspelling or wrong last name in a subsequent paragraph of an indictment is not likely to result in a dismissal or directed verdict. Talk to your lawyer about whether or not this specific error is meaningful.