Legal Question in Criminal Law in California

I need a factual statement of innocense

My daughter was accused for harassing a person on the telephone. A police report was sent to the DA listing her as a suspect. 2 months later the DA charged her with 2 counts of harasment. Prior to this the accuser found out what actually made the phone calls. This was recorded in supliment documents that the DA never requested.

We finally got the DA to drop the charges but not until after we had to go to court and had to face a judge, listen to the charges and then asked the DA in court to drop the charges, which he did

I was told that I could file a ''factual statement of innocense'' to seal these charges. I do not have the $$$ that local lawyers are asking to file this form.

I would appreciate it if someone could tell me how I can file this form myself. I cannot find any info on the Internet as to the correct form number or instructions to fill it out. I do have police records and supliments stating that my daughter was innocent and should not have been charged to begin with.

Thanks for any help,

George


Asked on 6/25/04, 1:47 am

1 Answer from Attorneys
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: I need a factual statement of innocense

From reading your zip code information, it appears that you live in Alameda County. If so, the clerk's office at the Wiley Manuel Courthouse have a form for an 851.8 motion, which is a motion to seal and destory records.

The Courthouse is located at 661 Washington Street, Oakland, CA 94607, on the corner of 7th and Washington in Downtown Oakland. The Clerk's office is on the 2nd floor.

You have the burden of proving you are factually innocent. When you file the form the clerk will give you a court date for the hearing in Department 115 on the 6th floor. Make sure you bring whatever witnesses or information you want the court to consider on the date of your hearing. Prior to the hearing, you may want to give the District Attorney's Office a copy of what you are going to give the judge so that they don't have to take time out of the hearing to look at it. If the District Attorney's office has the information and it is as you indicate they may concede the motion and you won't have to go through an entire hearing.

Good luck,

Elena Condes

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Answered on 6/25/04, 4:19 pm


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