Baltimore, MD asked in Criminal Law for Maryland

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.

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1 Lawyer Answer
Scott Scherr
Scott Scherr
Answered
  • Criminal Law Lawyer
  • Towson, MD
  • Licensed in Maryland

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.

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