How likely is a kellett motion to work?

Asked about 1 year ago - Simi Valley, CA

Was arrested 2 times in less than 24 hours one for under the influence and one for possession of concentrated cannabis. The possession charge was heard and settled with dej then the DA filed the under influence much later even though they should of and could have known about both at the same time. Does kellett apply? How likely is a dismissal in the second case?

Attorney answers (3)

  1. Michael Moshe Levin

    Contributor Level 15

    5

    Lawyers agree

    Answered . Kellet applies. But Kellet issue is whether facts of one are part and parcel of the other. You can possess without being under the influence, and vice versa. Need to look at the totality of the facts to see likelihood of success. Suggest you contact a lawyer for a free consultation.

    The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction... more
  2. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . As long as the information was in the original police report and they reasonably should have known of the existence of the second crime, yes - it should have been filed together and Kellett appears to apply.

    Nobody can give you odds - you'll need to discuss this further face to face with a criminal defense attorney that routinely practices in the court where your case is pending.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  3. Anthony Michael Solis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Kellett applies if you are successively prosecuted for the same course of conduct that should be done in one case. You need an lawyer to make the motion.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

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