Hampton, GA asked in Criminal Law for Georgia

Q: if I was convicted under the wrong name because a misspelling could I fight any new charges under my birth name?

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The Fourth Amendment requires an arrest warrant to “particularly describe … the persons … to be seized.” Normally, this requirement is satisfied by naming the individual to be arrested, although it is better to add identifying information to the warrant even when the full name of the defendant is available. When the name of the defendant is unknown or substantially incorrect, an adequate physical description must be included in the warrant sufficient to identify the person to be arrested with reasonable certainty.

West v. Cabell, 153 U.S. 78, 14 S. Ct. 752, 38 L. Ed. 643 (1894)

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