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How likely is a kellett motion to work?

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. Best answer

    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 dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.


  2. 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 and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.


  3. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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