Factual Innocence
In certain circumstances, where you
were improperly accused of something
you did not do, you may be eligible
for a finding of factual innocence.
For example, (1) if you were arrested,
but no formal charges were ever filed
against you; (2) if you were arrested
and charges were filed but then later
dismissed; or (3) if your case went
to trial and you were acquitted by
a jury. These are some examples of
how you may be eligible to petition
for a finding of factual innocence
pursuant to penal code section 851.8.
In a case where no formal charges were ever filed, the petition for factual
innocence is first made to the law enforcement agency having jurisdiction over
the offense. If the petition is denied by the police, it can then be brought
directly to the municipal or superior court having jurisdiction over your matter.
In a case where formal charges were filed but later dismissed, then the petition
would go straight to the court system. Likewise, if a jury found you not guilty
after a jury trial, the motion would be made directly to the judge that heard
your trial. Once your factual innocence motion is granted, your records will
be sealed and subsequently ordered destroyed.
The attorneys here at WILL & WILL, LLP have the experience you need on
your side to ensure you have the best opportunity possible to get your factual
innocence petition granted. Call WILL & WILL, LLP or fill out our online
contact form for a free consultation about obtaining an order of factual innocence.
|
 |
|
