Okay here it is, a friend of mine has been charged with posession of a CDS II. She went for her arraignment and discovered that they have the charges filed under a different name. Will say her name is Karen A. Anderson but the charges or filed under Karen L. Anderson which is her mothers name. Is this a technicality that will cause the charges to be dismissed. If so will this protect her from going to jail or will they just bring the charges under her name. She also has charges because the guy she was arrested with stuck his charges on her.
2007-04-30 05:36:38 · 5 answers · asked by ClassyKat 1 in Politics & Government ➔ Law Enforcement & Police
Too clarify, she did not give them a phony name. In fact she sighned a search warrant using her own middle initial. They also ran her fingerprints which are in the system. So we truly do not know how it ended up in her moms name.
2007-04-30 06:52:45 · update #1
Is there a "variance" that is a material matter to the court...or will the improper name cause for a dismissal....NO!
Many indictments will specially state "Whose true name is unknown..." which is a "catch all" for MINOR errors that make no difference in the case itself.
Unless the defendant was misled and thereby prejudiced, neither an error in a citation nor a citation’s omission is a ground to dismiss the indictment or information or to reverse a conviction.
Unless an additional or different offense is charged or a substantial right of the defendant is prejudiced, the court may permit an information to be amended at any time before the verdict or finding.
Best wishes.
2007-04-30 06:15:46 · answer #1 · answered by KC V ™ 7 · 0⤊ 0⤋
No, she can not avoid or get out of the charges/ They will amend or correct them. Her best bet is to talk with the DACommonwealth and discuss the case. If she so choose, get a lwayer and set up a meeting to work it out.
This can not protect her from jail. The only yhting that absolves her from prison or jail is a not guilty verdict.
2007-04-30 06:04:23 · answer #2 · answered by J D 3 · 0⤊ 0⤋
The charges will most likely be refiled under the correct name. All charges filed under the wrong name will be dismissed, clearing her mother of any wrongdoing.
2007-04-30 05:40:13 · answer #3 · answered by Anonymous · 2⤊ 0⤋
People who are arrested but give the cops a phony name are tried under the phony name. If they figure out their real name, they append an "aka" to the documents.
2007-04-30 05:42:37 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The error will be corrected in court. How did the Police get the wrong initial?. Did she perjure herself?.
2007-04-30 05:42:12 · answer #5 · answered by CGIV76 7 · 0⤊ 0⤋