If a sealed indictment is issued in a name similar to your but not your name can you still be tried on that indictment?

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If a sealed indictment is issued in a name similar to your but not your name can you still be tried on that indictment?

They filed the indictment with the name different than mine

Asked on June 22, 2019 under Criminal Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you can be tried on it if the evidence, facts, and content of the indictment shows that, slightly wrong name or not, you are the person identified in it. A slight error in a name (e.g. a name similar to, but not quite, your name) is essentially a "typo": it does not affecting the validity of the proceedings and can be amended or corrected by a court (or by the prosecutor's office filing a revised indictment).


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