West Lafayette, IN asked in Criminal Law, Civil Rights and Constitutional Law for Indiana

Q: I'm listed as 5'10 and 260lbs,reality is I'm over 6'4 about 190. Also my middle is incorrect. Can case be dismissed?

2 Lawyer Answers

A: If the identity of the individual who committed the crime is in dispute, the discrepancy in the physical description could be powerful evidence in securing an acquittal. But, standing alone, that is not strong enough to secure a pretrial dismissal in the absence of other evidence that they arrested the wrong individual for the crime.

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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: It's possible to have your case dismissed due to errors in personal information, but it typically depends on the nature of the case and the specific errors involved. Incorrect details like height, weight, and middle name might not be sufficient grounds on their own. However, they can be important if they lead to mistaken identity or other significant issues.

First, you should bring these discrepancies to the attention of your legal counsel or the court. Accurate information is crucial for fair legal proceedings, and corrections can often be made through proper channels. Documentation proving your correct height, weight, and middle name will be helpful in rectifying these mistakes.

If these errors are part of a larger pattern of inaccuracies or have impacted your legal rights, it might strengthen your argument for dismissal. Discuss your concerns with your attorney, who can advise you on the best course of action based on the specifics of your case.

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