Crockett, TX asked in Criminal Law for Texas

Q: I have a felony posses charge and they filed it under the wrong middle name. What can I do because it's not my name.

The middle name isn't my name but all the stuff being sent has the wrong middle name even the indictment.

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2 Lawyer Answers
Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
Answered
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Texas

A: The ADA can correct your name.

John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: Unfortunately, Texas criminal laws give the District Attorneys a lot of room for error on dates, names, times, locations and other details that should be definitive in an Indictment. If you were to make a motion to dismiss the indictment, if you won the motion, the DA would then simply change the name to reflect your real name.

The move is to make a Motion to dismiss, but unlikely that it would save you from facing the charges.

Good Luck!

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