What happens if the legal paperwork received has the incorrect middle name?

UPDATED: Oct 1, 2022

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What happens if the legal paperwork received has the incorrect middle name?

I was arrested for a crime and served
about 2 days in jail before getting out
on bond. Prior to, I received a stack
of papers with me as the defendant
where in most they address me with my
full name but they have one of my
middle names completely incorrect. I
have two middle names, Scott Mitchell,
but they have it as Scott Michael.

Asked on April 5, 2019 under Criminal Law, Wyoming


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

An error that does not affect the fundamental validity of legal paperwork and which puts the other party on proper notice of the charges against them has no effect: it can be amended or corrected at will. The incorrect middle name does not mean you are charged with the wrong thing; it does not mean that you are not aware that you are the person being charged; it does not represent a misidentification of you by witnesses. It is the equivalent of a typo, and the law allows typos and the like to be correct.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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