Can I get a case dismissed if all court papers if the victim’s maiden name is listed andnottheir married name?

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Can I get a case dismissed if all court papers if the victim’s maiden name is listed andnottheir married name?

I’m charged with a domestic and the paperwork on court papers have my girlfriend’s maiden name; she hasn’t used it for 11 years (when she got married). The cop filed the wrong name and then the prosecuter did also. Why wouldn’t this be dismissed?

Asked on November 22, 2010 under Criminal Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The law is not that rigid. As long as it  is clear who the person is and there is no real question as to her identity or yours, the fact that a wrong name or an older, no longer used, name was used in the paperwork will not invalidate the prosecution or result in dismissing the charges. The issue is whether the correct parties can be identified, not whether or not (so to speak) every i is dotted and t crossed. If you maintain that there is some real question of identify--e.g. that you don't even know this woman, so you could not be the person accused of hurting her--that's different; but if it is really her and it's really you and the only issue is the paperwork is using her maiden name, that does not make a difference and will not dismiss the case.


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