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When petitioning for 851.8 under section L can it be filed under subdivision D instead?

Torrance, CA |
Filed under: Criminal defense

My attorney wants to file a petition for p.c. 851.8 section L. He said statue of limitations is up but can ask the judge to waive timeliness since CHARGES were filled more than two years ago. Can he file the petition under subdivision D since it says "the court may, with the concurrence of the prosecuting attorney, grant the relief provided in subdivision (b) at the time of the dismissal of the accusatory pleading. Section L states From time of filing charges.

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Attorney answers 4


There's too many facts not disclosed to provide a meaningful answer so my advice is to stick to your attorney's advice. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


I hope this doesn't come off wrong, but I would trust in your attorney to do what he needs to do to get this petition granted. He knows your case and what the local court is likely to do given your circumstances. Sometimes there are ways around "the letter of the law" and it seems like your attorney has a game plan and thinks your petition will be successful given his strategy. I know that getting this petition granted is important to you but try to be patient and let your attorney work his magic.


I really do think many attorneys would like to be played off your attorney if the answers given were used to confront your attorney. You hired him. Trust him. He has far more information available than your 70 word question provides.

I do not think Avvo should be used as your question proposes. Follow your attorney's advice.


I agree with my colleagues. Trust your lawyer and don't troll around the internet looking for second opinions. Your lawyer can read the statute just like we can.

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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