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  1. #1
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    Oct 2007
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    Default Grand Jury Indictment

    What if you receive a letter, stating you are under investigation for the grand jury, but the letter and all correspondence about it, are in your maiden name? and you've been married for five yrs. the officer who took all the info had taken my married name down. Is this a reason to have the charges dropped? they were minor charges, believe it or not!

  2. #2
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    Default Re: Grand jury indictment

    Quote Quoting kmcm49
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    What if you receive a letter, stating you are under investigation for the grand jury, but the letter and all correspondence about it, are in your maiden name? and you've been married for five yrs. the officer who took all the info had taken my married name down. Is this a reason to have the charges dropped? they were minor charges, believe it or not!
    Grand juries only investigate felonies.

    I'm not sure about the name thing though. It sounds like a defense though.

  3. #3
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    California
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    Default Re: Grand jury indictment

    If it's you, it's you.

  4. #4
    Join Date
    Oct 2007
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    Default Re: Grand Jury Indictment

    well, that legal advice was on both sides of the fence!
    I'm going with wrong name. The officer had all the right info and chose to put down the wrong info. thanks

  5. #5
    Join Date
    Mar 2005
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    Michigan
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    Default Re: Grand Jury Indictment

    Everybody's entitled to engage in wishful thinking, but unfortunately it is woefully ineffective at keeping people out of jail.

  6. #6
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    Aug 2007
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    Default Re: Grand Jury Indictment

    Quote Quoting kmcm49
    View Post
    What if you receive a letter, stating you are under investigation for the grand jury, but the letter and all correspondence about it, are in your maiden name? and you've been married for five yrs. the officer who took all the info had taken my married name down. Is this a reason to have the charges dropped? they were minor charges, believe it or not!


    A misnomer in an Indictment or charging document is usually not grounds for a dismissal being granted, if requested, unless it is extremely prejudicial to the defendant, such as in no way it relates to yours. If it is your maiden name instead of your married name, it is extremely unlikey it is in any way prejudicial. I agree with the others, but you have a right to argue any claim in your defense.

    Even if granted, arguendo, it will just be refiled with a correct name next time. Your attorney can advise.

    Some states allow GJ's to indict for misdemeanors and not soley by complaint or Information, especially if they are presented with felony charges.

  7. #7
    Join Date
    Apr 2007
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    Default Re: Grand Jury Indictment

    I agree that as long as they have the right person you don't have much of a defense & the wrong name can be corrected.
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