Q: Can a lawyer get a case thrown out if the details of the case are incorrect at first appearence?
Let me explain, my friend got charged with battery and terroristic threats the other day, I am the one who bonded him out last night. He went to first appearance yesterday and in court the judge read details of the case and announced the victim named in the case. Both the details and the victims name was incorrect and my friend spoke up and said I have no idea what your talking about and i dont know the person your saying i had an altercation with. Its as if he said nothing and they went on to set his bond with conditions. The condition was that he have no contact with the victim they named. His altercation was with Brandy they named the victim as Kristin, the last names are not even a close match either. He has no idea who this person is. They then brought him a no contact order to sign and released him to me. He never once even heard the real victim in the cases name mentioned. Its like they mixed up the case folders or something so anyway What can we do now?
A:
Act fast and try to nip this one in the bud!
Mistaken identity arrests DO happen, and your friend will want to talk with a criminal defense attorney with experience in Civil Rights to ensure that the case gets dismissed AND any/all issues are preserved if there is any kind of claim against the State or Complainant for the error.
Get on this NOW, before it spins out of control. Call a LOCAL lawyer that has relations with the local DA's office.
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.