Q: Can my sons case be dismissed if they got his name wrong?
My son was stopped by police because they said the window tint on the car was illegal. When they ran his name they said that he had a warrant for a simple assault from March 2023. He was incarcerated in March 2023 and the assault allegedly took place while he was incarcerated. He was taken into custody and ROR’d the next day. I later realized that nothing was showing up on case search when I entered his name. After looking over his charge papers I realized that they charged him under the wrong name. His name is Devin S., but he was charged as David S... A friend has told me that his case could be dismissed because of this and I just wanted to ask if this was true. We live in Baltimore City. .
Thank You in advance for your help.
A: This is a misnomer that will be corrected. It will not result in the dismissal of the charges unless the warrant was meant for someone else. If he can show that it was not him and instead was this other person with a different name, that is a defense.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
