Conviction to be overturned due to the misspelling of my name?

[sandyclaus]

Originally Posted by IG26 I don't know if it's the right choice. That's why I'm still here seeking advice. I have never been in this situation before. If you were in my situation what would you do?

I'd stop looking for a reason to get out of your conviction. You pled guilty. YOU, by whatever name they identified you on the court documents. All they will do on this is correct the record, NOT overturn your conviction.

If you wanted to challenge the legitimacy of the charges and claim innocence, you had the opportunity to plead NOT GUILTY and have a trial. You didn't. I'm thinking that you might have even given them the wrong information just to try to pull a fast one like this in the end, when you actually have to PAY for the crime you committed.

Your first mistake was pleading guilty in the first place. Your CHOICE was to let the charade continue, knowing full well that the name on the court papers was misspelled. Seems to me that you perpetrated the error in order to try to use it in your favor at the time of reckoning.

What do I think you should do? Man up and take your consequences.

[IG26]

I did NOT purposely give them the wrong information. All they had to do was check the record of the arresting police agency, but, as usual, prosecutors and judges would rather be lazy and have someone else do the work for them. Well, that's what happens.

Nobody asked me to confirm my information at all. Your answer is typical of someone who thinks they're better than everyone else and thinks they can do no wrong and everybody else is a piece of crap to them.

Your answer is that of someone who looks down on others, is not willing to help, only accuse, and that thinks nobody can measure up to them.

[sandyclaus]

Originally Posted by IG26 I did NOT purposely give them the wrong information. All they had to do was check the record of the arresting police agency, but, as usual, prosecutors and judges would rather be lazy and have someone else do the work for them. Well, that's what happens. Nobody asked me to confirm my information at all. Your answer is typical of someone who thinks they're better than everyone else and thinks they can do no wrong and everybody else is a piece of crap to them. Your answer is that of someone who looks down on others, is not willing to help, only accuse, and that thinks nobody can measure up to them.

You are certainly entitled to your opinion, and I am entitled to mine based upon experience and research on the matter. Remember that you came here for advice.

I gave you the realistic answer that you don't want to hear. You want someone to step up and say, "YEAH! A misspelled name will ABSOLUTELY get this guy out of his guilty plea and let him roam the streets once again!" By all means, you are certainly welcome to hold out hope that this person will come in and give you the answer you are looking for. Of course, don't be too surprised when it doesn't happen.

I just happen to think your time and efforts would be better served preparing for the inevitable incarceration that awaits you. But, hey - it's your time. Spend it how you choose.

[IG26]

There's no incarceration, in fact, I've been fulfilling my probation obligations. I know what I did was wrong and stupid, I was just asking if there was a way to change things.

I appreciate the advice and I thank you for it.

[BOR]

edited

[BOR]

Originally Posted by IG26 My question is, is there a way for the conviction to be overturned due to the misspelling of my name? Is it even worth pointing out? If I can get the conviction overturned because of this error I am going to go for it. Is it too late to have it possibly overtunred.

My first post edited, I thought you were in California, I see you are in Canada. I would have had an answer for you in California, NO.

What you would have sought, if in California, was to Motion to the Court to Withdraw a Guilty Plea. NOT an appeal.

Most states, including mine, have provisions for withdrawing a guilty plea, at least by Motion. HOWEVER, as with most, and in California, once sentence has been imposed, etc., the court will not permit a GP to be withdrawn unless Manifest Justice demands it.

A simple error as described, for U.S purposes, would be called a Misnomer and such "Harmless error", is not Prejudicial to you as a defendant.

Canada, I suspect, has Rules of Criminal Procedure also. If you research, you may find similar jurisprudence there. Your case, at least here in the states, holds no legal merit.