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

Asked about 1 year ago - Torrance, CA

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.

Attorney answers (4)

  1. Benjamin Peter Theule

    Contributor Level 6

    5

    Lawyers agree

    Answered . 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.

  2. Greg Thomas Hill

    Contributor Level 20

    5

    Lawyers agree

    Answered . 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.

  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . 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... more
  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more

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