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Can someone recommend an experienced lawyer who specializes in filing petitions of factual innocence in San Mateo,CA ?

San Mateo, CA |

I'm looking for excellent lawyers that had have filed petitions of factual innocence few times before ...i want someone who is familiar with San Mateo court ...

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Attorney answers 3

Posted

Not an immigration question.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Kevin Samuel Sullivan

Kevin Samuel Sullivan

Posted

very tough petitions. good luck.

Posted

I don't know anyone who does only petitions for factual innocence. Many attorneys do one from time to time. Winning one is difficult depending on the facts of your case and what the charge was. Scan Avvo attorneys to find one who is regularly in SM County.

Posted

Before you do this, make sure that it is strategically sound and properly timed for your specific purposes. There are some matters such as state licensing applications in which filing for an Order re Factual Innocence can actually cause the Petitioner a serious disadvantage, depending on some of the circumstances of the past non-conviction.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

John M. Kaman

John M. Kaman

Posted

There is another danger in filing a PFI that most people don't think about. If you lose there will be a permanent unerasable record that the Court has found you are NOT factually innocent of the charges you sought to seal. This is worse than leaving well enough alone.

Christine C McCall

Christine C McCall

Posted

John, It was you who educated me to this fact some years ago. I still remember slapping my hand to my forehead while reading that response here on Avvo. There's just no substitute for experience. I should pay royalties. And, as it turns out, for state license applicants, even if they win on the Factual Innocence action, the transcript of testimony and evidence may give the licensing agency the statutory right to deny the license based on the "bad acts - no conviction" ground. Unless the DA concurs in the intended result, a Pet for F.I. is too much risk for any of my state license applicant clients.

John M. Kaman

John M. Kaman

Posted

I didn't mean that you hadn't thought about, just that most attorneys don't. Most of the people who approach me wanting a PFI are so obsessed with establishing their innocence that they can't see the fact that there may be two sides to the story. In my experience, this is particularly true in DV cases where the soon to be ex hubby wants the PFI to use in the dissolution proceeding against his wife.

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