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
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!
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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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)
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.
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.
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.