I was never actually arrested, but i was prosecuted for a crime I didn't commit. The case was dismissed. New evidence has surfaced which shows that I didn't commit the act. Would it be possible to still use a petition for factual innocence? It's probably a rare case, but I'm wondering if it would work. Also, where does it say by statute that a person may only use this process once? I like to read the actual codes now that they're online. It's very interesting.
You can file a motion for determination for factual innocence. I would suggest hiring an attorney since you did not provide any specifics related to your case. Here is the relevant code section.
Nothing contained in this communication is intended to be, or shall be deemed as, legal advice, counsel, or services to on or behalf of any person or any entity. Usage of the Avvo website is not intended to and shall not create any obligation or relationship between the user and the Law Office of Jemal K. Yarbrough, including but not limited to, an attorney-client relationship. Further, the communications on this website between you and the Law Office of Jemal K. Yarbrough may not be privileged or confidential. Finally, your situation may be governed by deadlines that may or may not have already lapsed, and you may lose your rights if you do or did not act within those deadlines.
1 lawyer agrees
I agree with Mr. Yarbrough. In addition, there is nothing within the statute that states you can only bring the petition once. However, there is a time limit on bringing the petition within two years from the date of the arrest unless you can show good cause as to the delay. Some courts are more strict than others regarding what constitutes good cause. For example, the County of San Francisco requires more than just ignorance of the law.
Please be advised that this response does not constitute "legal advice," nor does it create an attorney-client relationship. You should seek counsel of an attorney before taking any actions or deciding not to take any actions.