Legal Question in Criminal Law in California

Petition to Seal and Destroy Adult Arrest Records Case (PC 851.8)

I am in involved in a Petition to Seal and Destroy Adult Arrest Records Case (PC 851.8); another words, I am talking about a factual innocence case.

In this kind of case, do I have the right to subpeona the victims name, address, and phone number so that I can subpeona him to go to my court date; I would like to do that for cross examining questions. In addition, am I allowed to subpeona that information used to look up the individuals civil and criminal records for the purpose of looking at his history of committing penalty of perjury, or him making false arrest against other people? I would like to use that information as a source of factual innocence.


Asked on 5/04/09, 7:14 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Petition to Seal and Destroy Adult Arrest Records Case (PC 851.8)

No way, unless you can obtain a special court order allowing it, which I doubt. Any informal attempt at contact by you to the victim might result in criminal charges of 'intimidating or threatening a witness' if they complain to the DA or police. Hire an attorney before doing anything you might regret.

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Answered on 5/04/09, 7:34 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Petition to Seal and Destroy Adult Arrest Records Case (PC 851.8)

Okay, now your situation is clear. It is clear from your description that you are in this way over your head. These petitions are not only highly complicated (most judges are ignorant of the correct law on these), but risky too. Issuing a subpoena to the complaining witness to force him to come to court is just plain crazy. It is death to your petition. If you knew the standard of proof for this petition, you would know that.

So money may be tight, but this petition is wayyyy beyond your ability. And you could just be pushing the D.A. or the "victim" into filing the charges that were not filed to begin with.

I bet the statute of limitations is not past yet, is it?

My friend, you do not know what you are doing. Your entire future professional life is at stake here, and you are screwing it up trying to play lawyer. I know you won't listen to me, but it's true.

If nothing else, read everything on my web site about PFI's to help you understand what is happening.

http://lawyer-expungement.com/petition.htm

Good luck.

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Answered on 5/04/09, 8:20 pm


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