Legal Question in Administrative Law in California

How do I file a motion ....

I would like to if it is 'allowed' for a non-lawyer to file a motion with a court? If so, can someone tell me how I would file a motion?

I would like to file a motion with a court in California for a finding of factual innocence.

Thanks in advance for your time and any reply.


Asked on 8/17/05, 4:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How do I file a motion ....

I believe your question relates to criminal law. The Penal Code contains a section (851.8) dealing with petitions for destruction of arrest records, making findings of factual innocence, etc., and I suggest you go to a law library and get an annotated version of the Penal Code and read the annotations of decisions interpreting Penal Code section 851.8. This will give you a better understanding as to whether the process fits your needs.

An ordinary citizen is probably authorized and entitled to file a petition under 851.8 in pro. per., but I think it would be desirable to engage a criminal defense lawyer. If you can't afford one, it's worth asking the public defender's office to handle it for you -- in some counties, they'll do that for low-income folks.

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Answered on 8/17/05, 6:04 pm


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