Q: Misdemeanor information charging document was filed with incorrect name of assistant district attorney
There were opposing cases, one case where I was a crime victim and as revenge for filing the charge, the defendant claimed I stole property from them. The case docs where I was the victim, werwre all signed by ADA with correct name (same as state bar has) But the same prosecutor filed the information doc against me with a different last name than what the state bar has on file in the same approximate timeframe. The charge has now been dismissed against me, but I only noticed this after dismissal when I requested a few docs from the court for both cases. Would printing and signing a charging doc with a different name as the prosecutor make the doc void in total? If so, would that make the whole case void? Im asking because I believe the ADA only filed the case against me because they failed in providing crime victims rights to me so they intentionally used different name to hide that they were working both cases. Im looking into expungement for charge and possible civil suit
A:
1. The alleged victim is not a party to a criminal case so there is no conflict of interest if the same ADA prosecuted both of you.
2. Ensure that the ADA did not actually get a new name. For example, did they get married or divorced?
3. Consult a civil attorney about the possibility of a lawsuit claiming Malicious Prosecution. I believe such a suit must be filed within a year of the dismissal date. It is probably also asking if there could be room for a federal civil rights lawsuit... the same type of attorney would be able to answer both questions.
4. If it was a deliberate forgery for some bad purpose, the ADA could be charged with a crime like 37.10 TAMPERING WITH GOVERNMENTAL RECORD or perhaps even 39.03. OFFICIAL OPPRESSION but local law enforcement might now want to go after an ADA... If you strike out with the local police department and county sheriff then sometimes the Texas Rangers are willing to get involved in cases involving crimes by a government official.
5. The dismissed charges against you could be re-filed within the limitations period.
6. Once the records are expunged they would not be available for use as evidence against the ADA.
7. You can seek an expunction earlier if the prosecutor recommends it or certifies that the case is dismissed and the records are not needed to prosecute anyone else.
8. The 1-year expunction for arrests with no (valid) formal charge filed is a partial expunction, in that it allows law enforcement to keep the arrest records... better to seek expunction under one of the other arms of the statute like barred by limitations or prosecutor recommendation/certification.
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