My son's last name was misspelled on legal documents charging him with 20 yrs

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can the sentencing be dis-missed

Attorney Answers

3
Maury Devereau BeaulierCriminal Defense AttorneyMinneapolis, MN ·
No. The sentenceing cannot be dismissed unless there is some authoritative evidence that it was a misidentification. A misspelling would not be enough. However, a correction may be made in the record to correct the spelling of his name
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John Guidry ·
A sentence can be overturned in some situations, the most common of these involve an appeal to a higher court due to an incorrect decision of the lower court in their handling of the case, including incorrect sentencing. However, a mispelling doesn't matter. Sounds like you have concerns over your son's sentence, so I suggest you contact a local criminal defense attorney to discuss any chances your son may have to appeal his sentence. There are so many reasons to overturn a sentence, that avvo won't give me the space to list them! Look around for an "appellate attorney" to discuss your options. Good Luck,
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