Legal Question in Criminal Law in California

Re: Clearing my record...

I've reviewed Barry's answer adn will only suppliment it.

A finding of 'factual innocence' is a hearing tin which you have to prove that there was insufficient evidence to cause the police to believe that you may have been involved in a crime.

It's very difficult to prove that. Merely dropping the case because after a review by the District Attorney's Office because a determination was made that there is insufficient evidence to convince a jury 'beyond a resaonable doubt to almost an absolute certainty' isn't good enough to prove 'factual innocence.' You'll have to prove that no reasonable person would have beleived that somehow in two instances you were obviously not involved in breaking a law.

The odds are you might prove that once but proving it twice is probably impossible.

Your recourse is to sue the person that gave false witness against you and recovery money damages agaisnt them in a civil case for all the false things they said about you when the police answered their call for help. In other words sue the individual that lied about your altercation. The cause of action is for filing false charges with the police or making a false citizens arrest.

I'd do it for you but I have some windmills to tilt.

Re: Clearing my record...

I forgot to spell check my previous answer. So here goes:

I've reviewed Barry's answer and I'll only supplement it.

A finding of 'factual innocence' is a hearing in which you have to prove that there was insufficient evidence to cause the police to believe that you MAY have been involved in a crime.

It's very difficult to prove that. Merely dropping the case because after a review by the District Attorney's Office that there is insufficient evidence to convince a jury 'beyond a reasonable doubt to almost an absolute certainty' isn't good enough to prove 'factual innocence.' You'll have to prove that no reasonable person would have believed that somehow in two instances you were obviously not involved in breaking a law.

You might prove that once but proving it twice is probably impossible.

Your recourse is to sue the person that gave false witness against you and recovery money damages against them in a civil case for all the false things they said about you when the police answered their call for help. In words famous in the practice of law �sue the bastard' that lied to the police about your altercation. The cause of action is for filing false charges with the police or making a false citizen's arrest.

I'd do it for you but I have some windmills to tilt.

Re: Clearing my record...

SUE:

I MUST KNOW ALL ABOUT THE CASES...FREE CONSULTATION..CALL 310-201-0909..U NEED A FINDING OF FACTUAL INNOCENCE...