Misprinted name on charges won’t get dismissed.
Can My Oklahoma Case Be Dismissed Because of a Name Error?
My name is James Wirth. I am a lawyer in Oklahoma. I have been asked this question several times. People often wonder if their case can be dismissed if their name is misspelled or if the suffix is incorrect. For instance, if the name reads John Doe Jr. instead of John Doe Sr. or vice versa, can the case be dismissed?
The answer is no. Just like in a civil case, if you don’t know who you’re suing, you can put it in as John Doe, and you can later do discovery to find out who it is and amend the case. Similarly, in a criminal case, if your name is incorrect, it is not a ground for dismissal. This is a problem that can quickly be fixed in the case, and the state or the prosecutor can amend it without the possibility of a dismissal.
Defenses If the Name Issue Causes Delay
However, if the name issue causes a delay in the case, you might have some defenses. For instance, if you were not advised of the case and didn’t know about it, you might have speedy trial rights violations if the issue is addressed later. If they issue a warrant for someone else, and it goes on for a long period of time, that could potentially be a defense as well.
But if you are arrested, brought in, and know about the case, and the name is incorrect, it can easily be corrected at the arraignment. If you raise it as an issue, the prosecutor can amend it, and the judge will allow it. There is even a case where the judge allowed certain amendments to the information in the middle of a trial. So, it’s not difficult for the state to get an amendment to the information at the beginning of the case.
Get a Consultation for Your Criminal Case
If you are facing a criminal case in Oklahoma, you need to speak to a criminal defense lawyer in Tulsa privately and confidentially about your circumstances to understand your defense options. At my office, we offer initial strategy sessions to help you understand your legal rights and options. To schedule a consultation, visit makelaweasy.com.
