Legal Question in Criminal Law in California
Missing/Incorrect court record
In 1999, I went to court over a battery charge. In court, the other party did not show and the judge said the case was dismissed. After contacting them to find out why it is still showing on my record, after speaking to both the courts and sheriffs department, they say they have no record of any court ruling. I remember a stenographer being there. I asked what I needed to do to access that information and they were unhelpful. What do I need to do to find the record of it being dismissed? Now after all of this time, they want me to come back to court. What do I need to do to find a record of this?
3 Answers from Attorneys
Re: Missing/Incorrect court record
If this is a Minnesota matter, the court history should indicate what Judge you appeared before. Through that you can find the court reporter and, possibly, the disposition.
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Re: Missing/Incorrect court record
Many courts and police departments have begun purging and throwing out their old paper files, and also purging old computer files, leaving only a record of the case number, charges, and disposition. You may be out of luck. Go to court and work it out.
Re: Missing/Incorrect court record
If this is a California matter, the court absolutely must have a record of it. They should locate the file by case number or your name. The file should contain what is called Docket Sheet which is a record of all the proceedings and dispositions on your case. If no Docket Sheet in the file, the clerk should be able to generate one from the computer. A 1999 case is not very old.
Next step, if you need to do it, would be to locate the court reporter to get a verbatim reporter's transcript of everything that was said in court.
If you are being prosecuted for something that happened in 1999 and you believe charges were once dismissed, hire a lawyer immediately to nip this thing in the bud as soon as possible.
If this is a California matter, please feel free to contact my office for additional non-binding consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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