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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27746
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If someone is filing false charges on you and the spell of

Customer Question

if someone is filing false charges on you and the spell of your name is wrong.
your date of birth is wrong. Do you still have to appear in court
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
What sort of case is this? Have you been charged with a criminal offense, or is this a civil matter? Were you sent a summons to appear?
Customer: replied 2 years ago.
my son is being falsely charge of a criminal offense he did not commit
The person who is doing this is doing it to force me to drop the charges I have against her.
She spell my sons name wrong and his date of birth. The only thing she had right was his address.
does my son has to still appear in court even thought it"s perfectly clear the charges are in someone else"s name.
Customer: replied 2 years ago.
he was sent a summon to court . However the spelling of his name is wrong.
The date of birth is of by 10 years. This clearly shows the summon was not for him.
The only thing correct was the address
Expert:  Zoey_ JD replied 2 years ago.
If your son was sent a summons, a warrant will issue for his arrest if he does not appear in court.
You and your son know who this woman is. He was sent a summons indicating he's the defendant on a criminal case. If the name were not even close to his own name, he could take his chances by ignoring it. But if it's just a simple misspelling and a mistake as to the date of his birth, he should show up to avoid a warrant for his arrest, because the court will just see the mistake as a transcription error and correct it on the papers, and it will not affect the case at all.
Your son should go to court, with a lawyer if he can afford one, and plead NOT GUILTY when the charges are read out in court and he is asked how he pleads. His lawyer can then make the argument that the name and date of birth are wrong and ask that the case should be dismissed, but in my experience, don't expect that to happen.
If he cannot afford to hire a criminal lawyer to stand up with him in court, he needs to plead not guilty and ask the judge to appoint him a public defender.