CRIMINAL Defense...

Asked almost 2 years ago - San Diego, CA

How difficult is it for anyone with an arrest record to be granted a successful outcome if the petition for Factual Innocence is filed and if the case was dismissed via PC 1385 without any conviction,fine or probation etc?

Attorney answers (4)

  1. John M. Kaman

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . That's like asking how long is a string? It's as long as it needs to be. For a declaration of factual innocence a great deal depends on what is in the file (including police reports), what you were charges with and why the case was dismissed. 1385 covers a lot of reasons the DA cannot go forward. If the case was dismissed because your abused girlfriend decided not to testify against you your not going to win your petition.

  2. David Philip Shapiro

    Pro

    Contributor Level 18

    4

    Lawyers agree

    Answered . The burden is on you, but you have nothing to lose so why not hire the best locally experienced criminal defense attorney you can afford who can assist and answer all your case specific questions?

    Good Luck!

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  3. Bradley R Corbett

    Contributor Level 11

    3

    Lawyers agree

    Answered . Proving Factual Innocence is very difficult.

  4. David Jon Pullman

    Contributor Level 19

    2

    Lawyers agree

    Answered . This will be particular to the facts of your case. You have to prove that the facts are such that there is no reason to believe you committed the crime. In some cases this would be very easy, in other cases it would be impossible.

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