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  1. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    You are ignoring other subsections AND caselaw. Reconcile your position with People v. Bedrossian (2018) 20 Cal. App. 5th 1070 which has the same procedural history as the OP posted. You have to...
  2. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    I'm not going to waste anymore time giving you a lesson in interpreting a statute or its legislative history. Like it or not, the OP's friend cannot petition for factual innocence any sooner than...
  3. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    Can you read? That is a direct quote from People v. Bermudez (2009) 172 Cal. App. 4th 966, 969.
  4. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    I'm not misinterpreting anything. "Section 851.8, Subdivision (l) Applies to Limit the Time for Petitions Filed Under Section 851.8, Subdivision (c)." People v. Bermudez (2009) 172 Cal. App. 4th...
  5. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    jk, since I practice criminal law in CA and have for 30+ years, I think I know what I'm talking about....
  6. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    Subsection (L) applies to cases where there has been an accusatory pleading filed--i.e. a formal criminal complaint which hasn't happened in the scenario the OP presented. The statute used to read...
  7. Criminal Records: Re: Challenge for Petition of Actual Innocent Within Statute of Limitation

    1. No. First, DA's don't sue, they prosecute. Bedrossian lost because the statute specifies that it can't be filed before the applicable statute of limitations has expired.
    2. No, you can't...
  8. Thread: Help

    by LegalWriter
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    Re: Help

    You can start where you should have gone in the first place 16 years ago--talk to an GA lawyer that practices DUI defense.
  9. Sentencing: Re: Ione Inmate Falsely Accused of Animal Cruelty

    It's completely up to prison authorities whether or not he gets to participate. He has some administrative remedies to appeal the decision but there's nothing you can do.
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    Pretrial Motions: Re: Multiple Probable Cause Hearings

    She should ask her lawyer. I'd bet that the prosecutor objected, which they had every right to do since Judge 2 wasn't who heard the testimony. I'm sure her attorney would've objected if the...
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    Pretrial Motions: Re: Multiple Probable Cause Hearings

    Judge 2 undid his decision because he didn't HEAR or SEE the testimony and just went off the transcript of the hearing. If she wants to risk losing, then she can decline to testify but she isn't...
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    Pretrial Motions: Re: Multiple Probable Cause Hearings

    A Huntley hearing deals with suppressing statements to police. If the issue is the voluntariness, a defendant generally should testify that he didn't give the statement of his own free will.....as a...
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    Lights, Signs and Traffic Controls: Re: Stop Sign - 22450(A)

    You have to specifically request the MVARS and they charge to provide it. You can also just subpoena the MVARS and it will be sent directly to the court.
  14. Disabilities and Accommodation: Re: FMLA Medical Certification from a Foreign Doctor for Person in USA

    California has its own family leave act that the poster can also look into. See https://ca.db101.org/ca/situations/workandbenefits/rights/program2c.htm
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    Lights, Signs and Traffic Controls: Re: Stop Sign - 22450(A)

    First, you're assuming there's something TO discovery, which may not be the case. Second, in order to obtain any relief for failure to comply with discovery, you have to 1) provide your discovery to...
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    Parking Tickets: Re: Green Curb

    The time limit is set by local ordinance and is never more than 20 minutes.
  17. Harassment: Re: How is This Not Unconstitutional

    The CNN report talked about the first version of the bill that the governor didn't sign and sent back. The version that was actually enacted is not the same. It was signed into law in May 2012.
    ...
  18. Suspension and Revocation: Re: Got My Driver History. Can I Fix This

    Both 14601.1 and 12500 are misdemeanors. The DMV will not clear an FTA on its own and it takes a direct entry from the clerk's office to clear it by the court.
  19. Suspension and Revocation: Re: Got My Driver History. Can I Fix This

    You have a failure to appear and a driving on a suspended license. You can't even think about getting your license back until you appear in court. Driving on a suspended is what's called a...
  20. Trespassing: Re: Neighbor in My Backyard

    Just so you are clear, trespassing a minor misdemeanor offense and the statute of limitations is one year, not three years.
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    Job Benefits: Re: California Sick Leave

    What OP is trying to do won't work. You can give them the 24 hours sick per year to use but you don't pay unless they use it and you deduct the hours they've used from the 24 hours AND the unused...
  22. Expungement and Sealing: Re: Reducing a Dismissed Misdemeanor to an Infraction

    What kind of program are you trying to get into that they are able to access let alone consider an expunged misdemeanor? You can't get it reduced to an infraction. That had to be requested of the...
  23. Divorce: Re: Lawyer Won't Help with an Interstate Divorce

    First, a restraining order does not determine custody and second, you must be a resident for SIX months before you can file. The CA courts do not have jurisdiction over him to order child support so...
  24. Speeding Tickets: Re: Received a VC 22350 Ticket

    It's still a matter of public record which the court can take judicial notice of so arguing about the survey likely won't get you anywhere.
  25. Speeding Tickets: Re: Received a VC 22350 Ticket

    First, you don't have the correct information on the traffic survey. Those are done locally. Second, the traffic court HAS a copy as does the local law library. Since it is a public record, the...
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