Legal Question in Criminal Law in Colorado
My first name is spelled incorrectly on the docket of appearance. Can a criminal case be dismissed due to this error?
2 Answers from Attorneys
Unless the miss spelt name will clearly identify another person.
Generally, no if other details are correct and the officer can identify you as the alleged offender of the specific violation.
Effectively, no. Unless the misspelling was SO SIGNIFICANT that the Court would be unable to identify you, the case will go forward. Even if the case must be dismissed, the People can refile against you with the right spelling at the same moment that the dismissal is granted (okay, there will be one to five seconds where there is no case).. That way you can tell your friends that case was dismissed (just leave out the part about a new case being filed).
Related Questions & Answers
-
My friend was arrested for domestic violence. Her and her boyfriend got into a... Asked 12/04/10, 4:59 pm in United States Colorado Criminal Law
-
Can someone i allow in my house invite someone else in without my permission Asked 12/03/10, 6:14 pm in United States Colorado Criminal Law
-
If their is an active warrant for a domestic violence case and the victum wants to... Asked 11/24/10, 12:56 pm in United States Colorado Criminal Law
-
If I were to represent myself in criminal court and wanted to ask the judge to... Asked 11/12/10, 8:57 am in United States Colorado Criminal Law
-
Do you have to be personally handed a subpoena to appear in court for it to be... Asked 10/28/10, 1:03 pm in United States Colorado Criminal Law