San Bernardino, CA asked in Criminal Law for California

Q: My son is in jail under his birth name but all hearings that be heard are in a different name.can he be charged like thi

Can he be charged under an aka name when law officers that arrested him knew him ...

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James L. Arrasmith
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Answered

A: In California, it is not uncommon for individuals to be charged under an alias or a name that is not their legal birth name. This can occur for various reasons, including if the individual is known by that alias in the community or if there was some confusion at the time of arrest. However, the legal system has mechanisms in place to ensure that a person's identity is accurately reflected in the court records as the case progresses.

If your son is currently incarcerated and the hearings are being conducted under a different name, it's essential to bring this discrepancy to the attention of the court as soon as possible. This can be done by filing a motion to correct the record or by informing his defense attorney of the error so they can take the necessary steps to address it. The goal is to ensure that all legal documents and proceedings accurately reflect his true identity to avoid any potential issues with his case or future legal matters.

Taking prompt action to resolve this discrepancy is crucial. It may involve providing documentation or evidence to the court to prove his true identity. Ensuring that the court records accurately reflect your son's legal name will help in clarifying his legal standing and ensure that his rights are protected throughout the judicial process. If you're unsure of how to proceed, seeking advice from an attorney who understands the nuances of criminal law in California can be beneficial in navigating this situation.

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