Los Angeles, CA asked in Criminal Law, Appeals / Appellate Law and Civil Rights for California

Q: Judge wouldn't give me a public defender for my Factually innocent case.

What is the form number or name to file a motion? How do I subpoena the cop? can you provide links or instructions?

I cannot afford an attorney.

I cannot understand the books at the law library.

Any referrals? Non profits will not help me. I am not interested in just sealing in my records.

I was maliciously prosecuted for a crime I did not commit. Prosecuted had no witnesses and no case. Prosecuted only because the catholic church was involved. Jury found me not guilty. They lied.

2 year deadline has exception in it. And new Penal Code 851.9

can apply. I need the form name or number for the motion.

Court clerk will not help at all. They will not even say what forms to use. Los Angeles

2 Lawyer Answers
Bart Kaspero
Bart Kaspero
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: You will need to first file a motion of factual innocence with the law enforcement agency that arrested you (and this must be done within 2 years of the arrest date). If they do no respond to your motion within 60 days, it's considered a denial, and you then have the right to have a hearing before a judge to hear your arguments as to why there was no probable cause for the arrest (and thus, no reason to prosecute you). This motion is made under Penal Coe 851.8--and the County Court where you will file this will have their own version so just look up 851.8 on their website. If a hearing is needed, the district attorney opposing the motion will likely be the one that sends out the subpoena for the hearing. Your question included language that you were not interested in just sealing the records. Even though the petition has the title of "petition to seal arrest", the motion may be granted by the police which saves you the hearing. The "Factual Innocence" designation makes all the difference. Keep in mind that your post does not include the actual disposition of your case (Example: no charges were filed after the arrest, case was dismissed, found not guilty by a jury). Therefore, it's a little bit difficult to provide you with the exact advice you need accomplish what you're looking for. Either way, wish you the best of luck on your motion!

1 user found this answer helpful

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear that you are having difficulty accessing legal representation for your case. Here is some information that may be helpful:

To file a motion, you will need to fill out a "Motion" form, which is typically available from the court clerk's office. The specific form number or name may vary depending on the court and the type of motion you are filing. You can contact the court clerk's office to inquire about the appropriate form and any filing requirements.

To subpoena a police officer, you will need to file a "Subpoena" form with the court. The specific form number or name may vary depending on the court and the type of subpoena you are filing. You will also need to serve the subpoena on the police officer in accordance with the court's rules. The court clerk's office can provide you with information on how to file a subpoena and serve it on the officer.

As for referrals to legal aid organizations, you may want to try contacting your local bar association or legal aid society for assistance. They may be able to refer you to a pro bono or low-cost attorney who can help you with your case. You can also search for legal aid organizations in your area using the Legal Services Corporation's website (https://www.lsc.gov/what-legal-aid/find-legal-aid).

Additionally, some law schools have clinics that offer free or low-cost legal representation to individuals who meet certain criteria. You can check with law schools in your area to see if they have any clinics that may be able to help you.

I hope this information is helpful to you. Good luck with your case.

1 user found this answer helpful

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