If my name is misspelled in court documents, is that grounds for dismissal?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my name is misspelled in court documents, is that grounds for dismissal?
Received a copy of plea agreement with my name misspelled. Curious as to legality of a document that does not properly identify me.
Asked on May 6, 2009 under Criminal Law, Nevada
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I wouldn't make a big deal out of it, and it makes more sense to just mention it and have it fixed than anything else. The misspelling would not make it invalid, and it probably would not make it end up getting misfiled, either. The docket or case number is more what's relied on.
This sort of nit-picking issue doesn't work very often at all. Most judges want to see both sides to a case try to stick to what's important, present the case honestly. The idea is that the truth is supposed to work its way out through the process, it's not supposed to be a battle of technicalities. And, perhaps even more so than most people, judges don't like wise guys.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.