Can a case be dismissed if the name is wrong?

Yes, the case should be dismissed. Otherwise, they may be prosecuting the wrong person.

Can you take charges for someone else?

Paul E. Freeman. Yes they can charge and convict you for a crime that someone else admitted to in a notarized statement. The first thing you should always remember is “just because a person says it, doesn’t mean the judge or jury believes it”.

What if someone sues you with the wrong name?

If you sue someone with the wrong, or a misspelled name; either the judgment is worthless, or it opens up a possible defense for the debtor to try to use, to to avoid paying the money that is due for the judgment. You can get in trouble having the Sheriff levy the wrong person’s assets!

What does charged with a crime mean?

A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including: complaint.

Can I take the blame for someone else’s crime?

An innocent person can’t take the blame. You can’t just pick up the tab for another person’s crime. If discovered, both would suffer legal consequences.

Why must your firm be very careful when naming parties to a lawsuit?

PLEASE NOTE: IF YOU DO NOT NAME THE PARTY YOU ARE SUING CORRECTLY, YOU MAY NEVER BE ABLE TO COLLECT YOUR JUDGMENT. If you’re going to sue someone, it’s important to correctly name the person or business you are suing. If you win and have not named the Defendant correctly, you will have trouble collecting your money.

How can I get my Name removed from a criminal case?

There are two options. First, the state can dismiss the case, re-charge the defendant under the correct name, and encourage the person whose name was used by the defendant — often an unwitting friend or relative — to seek an expunction under G.S. 15A-147, the identity theft expunction provision. (There’s even a form: AOC-CR-263 .)

What to do if a name is stolen from a case?

First, the state can dismiss the case, re-charge the defendant under the correct name, and encourage the person whose name was used by the defendant — often an unwitting friend or relative — to seek an expunction under G.S. 15A-147, the identity theft expunction provision.

What happens when you are charged with a crime?

If you are charged with a crime you will be given a ‘charge sheet’. This sets out the details of the crime you are being charged with. The police will decide if you: can go home until the court hearing – but may have to follow certain rules, known as ‘bail’.

Can a defendant’s name be changed after his arrest?

Although a wholesale change to, say, a victim’s name is often impermissible, a change to the defendant’s name doesn’t create the same type of notice concern. (After all, the defendant already knows he was arrested and charged.) See generally State v. Grigsby, 134 N.C. App. 315 (1999), rev’d in part on other grounds, 351 N.C. 454 (2000); State v.