In the state of California, is there a higher court factual innocence motion or seal and destroy record of arrest motion avail?
Fred's answer
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Answered on May 03, 2025
The short answer is no. A motion for factual innocence can only be brought pursuant to Penal Code section 851.8 and must be filed by the...
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Minor car collision and both driver did not stop?
Fred's answer
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Answered on November 17, 2018
Technically, this is only a hit & run if actual damage occurred. So if your car wasn't damaged and the other person's car wasn't damaged, there's...
What are the chances that an arrest record can be destroyed rather than sealed? And how long would that take?
Fred's answer
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Answered on September 14, 2018
There are two ways to seal an arrest record - Penal Code section 851.8 and Penal Code section 851.91. 851.8 is more difficult to obtain but gives...
Archived
Husband was arrested on misdemeanor bench warrant for fta and not paying fines we can't afford legal counsel will he go to jail?
Fred's answer
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Answered on March 14, 2018
There are a variety of factors involved in determining whether someone will do jail time after being arrested in such a situation. Was he ordered...
Archived
Felon possession of ammunition ?
Fred's answer
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Answered on December 10, 2017
Deals are always possible. The issue isn’t whether a deal is possible. The issue is whether the deal YOU WANT is probable. Other attorneys have...
Nursing License related..
Was charged with possession of a controlled substance. Is there a way to lower the charge?
Fred's answer
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Answered on March 03, 2015
The police described it as a "traffic citation" because they didn't want to scare you. However, citations can still involves serious charges and...
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Need DUI attorney in Newport Beach or Costa Mesa
Fred's answer
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Answered on May 22, 2012
If you're still looking for a criminal defense attorney, don't hesitate to give me a call to set up a free consultation. Not only is my office...
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Does a DEJ plea on a BP Code 25661 violation get reported to the DMV, even though it's technically not a conviction yet?
Fred's answer
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Answered on May 06, 2011
The DMV cannot find out about a conditional plea. The only way that DMV ever finds out about anything from the criminal courts is when an abstract...
Archived
Is there any possible way that my misdemeanors can be reduced?
Fred's answer
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Answered on May 06, 2011
It is theoretically possible for the charge to be reduced to an infraction, but doing so depends on a variety of factors, including the particulars...
If my husband was in involve in a self defence situation and lawyer told him he was going to put in a motion 995
Fred's answer
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Answered on April 22, 2011
I agree with the above answer except for one distinction. Mr. Kaman assumes that your husband is already in custody but I can't tell that from the...
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