Can you be sentence for a crime under the wrong name?

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Can you be sentence for a crime under the wrong name?

My brother is beening held for a crime that he didnt do he wasnt even found near the crime seen. They also have him filed under the wrong name and social

Asked on May 26, 2009 under Criminal Law, New York

Answers:

M.H., Member, California Bar / M.H., Member, California Bar

Answered 12 years ago | Contributor

You can be tried, convicted and sentenced under the wrong identity.  This unjust result is highly unlikely as part of the prosecution's burden of proof is to establish not only that your brother in fact committed the crime, but that he is who they say he is.  In other words, if he denies that he is the person they say he is, this should end up as another element the prosecution would have to establish beyond a reasonable doubt.


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