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Mr. X was arrested for offense. Mr. X identified himself as Mr. Y. Mr. X's true identity was not discovered until motion to revoke probation was filed and warrant was issued in the name of Mr. Y. How do I fix this? I'm sure it's an increasingly frequent problem.

We've got the real guy's fingerprints on the judgments. But now there is a conviction and warrant in the name of the wrong guy (The wrong guy in my case is actually Mr. X's brother, and he wasn't cooperative. So I'm not concerned about helping him get his CCH cleared through DPS. Still, we've got to get the right guy arrested.) Won't this require something more than a judgment nunc pro tunc? After all, the wrong name is on everything in the file. Do I just create a motion explaining the situation? I've got an affidavit from a detective to back me up. Withdrawing the current warrant is no problem. But how do we get the warrant re-issued with the correct name?

Any suggestions would be greatly appreciated. You can email directly. Thanks.

p.s. This is my 100th post. Do I win a prize? Smile
 
Posts: 200 | Registered: January 31, 2001Reply With QuoteReport This Post
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