If my name is misspelled in court documents, is that grounds for dismissal?
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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 15 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.
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