Legal Question in Criminal Law in Texas
what happens if an indictment is worded wrong? does the spelling have to be correct? and if the items listed are different from the actual ones, what does that mean?
1 Answer from Attorneys
What items are you talking about? If an indictment is completely wrong, then the State will have a problem because they must prove the things that are in the indictment. The indictment is the basis of the prosecution. But, if the State notices that the indictment is wrong in a minor way (and MOST mistakes are minor), then they can simply ask the trial court to allow them to amend the indictment, and that request will be granted. (The defense has 10 days after an amendment to prepare for trial if it is a substantive amendment.)
If there is a misspelling of a name but it sounds like the person's name, then it is okay. If there is just a misspelling of a general word, that does not matter.
if in the listing you are talking about items that were say stolen, then if they are completely wrong the State could have a problem because they must prove what they allege.
Talk with your lawyer about this matter.
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