Legal Question in Criminal Law in California

District Attorney made a mistake?

If my name was jane doe when an incident occurred in july and my changed legally in nov. but the D.A. didn't file using my new legal name and also accused me of being with a ''female'' instead of a male (17 yrs.) how important is that mistake? Shouldn't it be refiled with my legal name?


Asked on 12/14/07, 2:13 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: District Attorney made a mistake?

The indictment or complaint need only describe the defendant well enough that he or she can eventually be identified. Prosecutors sometimes file "Jone Doe" or "Jane Doe" indictments when they don't know the suspect's name, and occasionally a complaint identifies the defendant only by DNA markers.

Since you clearly know you are the person the complaint is talking about, I'd say it is legally sufficient. The prosecutor should modify it once he learns your real name, but the discrepancy will not invalidate the proceeding.

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Answered on 12/14/07, 4:15 pm


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