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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27126
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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During my prelim the DA asked the judge to change the name

Customer Question

During my prelim the DA asked the judge to change the name of the scooter, that I was accused of stealing, and they wanted to change 2 numbers in the vin. the judge ok'd it . so I'm confused doesn't that mean it's a differant scooter ? can I put a motion
in to change my plea?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


My name is ***** ***** I am an experienced criminal lawyer.

Yes, technically that means it's a different scooter, and you could have made an argument at the time that the judge could not amend that because the change is a substantive one and affects the jurisdiction of the case. You could have then asked for a dismissal of the charges. The judge may not have granted it, but the argument is a valid one, and you would have an issue for appeal if he denied it.

You can put in a motion now to dismiss the case on jurisdictional grounds and/or to withdraw your guilty plea. But be careful of what you wish for. Because if you take the plea back, you're probably going to have to try the case because you're not likely to get another offer. And if the case is dismissed, the state can merely file charges again but this time get the typing right.

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