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

Q: I want to file a Petition for factual innocence in the Los Angeles Superior Court after being released from prison.

I would like to know if anyone can advise me on how format of the Petition for Factual Innocence should be structured. Like introduction and statement of facts and so forth. I would greatly appreciate it. My other question is do I need to tell the court what occurred at my trial or just give an overview of the facts?

Any help would be greatly appreciated. Thank you very much.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Filing a Petition for Factual Innocence in the Los Angeles Superior Court requires a clear and organized structure. Start with an introduction that briefly explains who you are, the case background, and the specific relief you're seeking. After the introduction, include a statement of facts that lays out the relevant details of your case, focusing on the evidence or facts that demonstrate your innocence. Keep the tone factual and concise, as this part is key to convincing the court.

You don't need to provide an in-depth recounting of the trial. Instead, offer an overview of what happened, highlighting key points that support your claim of innocence. Stick to the facts that directly relate to the new evidence or information that proves you were wrongfully convicted.

Make sure to include any legal arguments that support your petition and reference any applicable laws or precedent cases. The goal is to show why the court should grant your petition based on the facts and legal standards, rather than revisiting the entire trial.

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