If charged with a crime, can you get a charge thrown out if the name is wrong on the paperwork?

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If charged with a crime, can you get a charge thrown out if the name is wrong on the paperwork?

If charge with a sale indictment. The paperwork on the Laboratory Report Analysis had someone else’s name other than the defendant’s.

Asked on September 4, 2010 under Criminal Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you can show that the lab report actually (1) relates to another person (i.e. that's just not you), or (2) that there are reasons to doubt how well, honestly, reliably, or accurately it was done, then you could probably at least get that evidence excluded. However, if there is enough other evidence to convict you, the exclusion of a lab report would likely not be enough in and of itself to exonerate you. Moreover, the mere fact of a typographical error, IF it can be shown to be typographical error, will not necessarily exclude the information. So the mistake may well provide grounds to get rid of the report, if you can show it's someone else's test results or otherwise is unreliable; and getting rid of the report may be enough to throw out the charge or otherwise get you off the hook; but it's not automotic that this will be the case. You need to consult with a defence attorney about your situation.


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