Legal Question in Criminal Law in California

I was acquitted after trial in a misdemeanor case,I then filed a pc 851.8 petition but It was denied ,what else can I do to challenge this decision?


Asked on 5/21/10, 1:26 am

1 Answer from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Since you were acquitted after a trial, you must have sought a finding of factual innocence. I point this out, because other people read these answers, and Penal Code section 851.8 actually has several different remedies, depending on the underlying procedural posture of a criminal case. If you are unhappy with the judge's ruling on a such a motion, you may appeal it. (People v. Scott M. (5th Dist. 1985) 167 Cal.App.3d 688.) The Supreme Court's ruling in People v. Adair contains the actual procedure the trial court should have followed on such a motion. ((2003) 29 Cal.4th 895.) I suggest speaking to an appellate criminal defense attorney, if you are that serious about it.

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Answered on 5/25/10, 6:45 pm


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