Can you get out of jail or charges due to a clerical error?

My boyfriend went to court and they had his name spelled wrong and his birth date wrong as well.

Asked on March 23, 2012 under Criminal Law, Washington


Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

This happens all the time, but it is rarely grounds for a criminal dismissal. The only time criminal cases are dismissed due to clerical errors is where a court file refers to person x, and person y (the one in jail) say's that person x is not him and that the court has the wrong information. At this point the court will investigate and if it is the wrong person, then the case will be dismissed against person y. A misspelling of name or birth date will not warrant a dismissal. 

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