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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110543
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Does a plea agreement have to cite the correct case to be legal

Customer Question

Does a plea agreement have to cite the correct case to be legal? Can you file a motion to dismiss judgement on a plea that has the wrong case number? no personal jurisdiction? no court authority? Thanks
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
If the wrong case number is on the agreement, but the right charges and right name of the individual, then the court will hold this to be an administrative error (typo) and what the court terms "harmless error" and will merely correct the agreement. In a criminal case, personal jurisdiction is not an issue, if the crime happened in that state/county, the court has jurisdiction and authority. You have a right to have the plea agreement corrected, which would be all the court would do when you file your motion to dismiss because it has the wrong case on the document.

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Customer: replied 5 years ago.
I have met with 2 other attorney's locally on an initial consultation and they have believe it is attackable as the original case was dismissed prior to the plea which included the wrong case #.

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