Legal Question in Criminal Law in California
background check
can you motion to the courts to strike the charges in order to prove factually innocent, if the charges were drop, due to a surna motion for the right to a speedy trial and the opposing party did not to show up.
2 Answers from Attorneys
Re: background check
Your question is not clear, but you can ASK for anything you like. If you file an appropriate motion asking for relief that the court can grant, that is well supported by the facts and law, then you have a chance the court will grant it. I suggest that you are going to need an attorney to help you. Feel free to contact me if serious about doing this right.
Re: background check
Interpreting the request as...A Serna Motion was granted and unopposed? for a denial of a Speedy Trial? case dismissed? A Motion for a determination of factual Innocence can be made...the dismissal is NOT a determining factor however and the issue needs litigated in Court. Actually a complex issue. Best to Hire Counsel.
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