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  1. #1
    Join Date
    Oct 2008
    Posts
    6

    Default California Penal Code, Sec. 851.8(B)

    My question involves criminal records for the state of: California

    Over twenty years ago, I was arrested for possession of a dangerous drug (codeine) and conspiracy to possess for sale of marijuana. The "dangerous drug" was in my pocket when I was arrested for the marijuana charge. The weed was in my friends pocket. We were walking down the street when undercover cops approached us and started digging through our pockets.The cops were doing this to anyone walking down the street. The "Dangerous drug" in my pocket (tests proved) was really a rolaids ( I had an upset stomach and had been eating them all day) and the cops lied so terribly in court that at the close of the preliminary hearing the judge said "I am going to stop short of calling the police liars, but I feel they have been less than truthful" before dismissing the case. This, I would hope, certainly gets past the 851.8(b) "reasonable person" threshold. Also, can I still sue the city for wrongful arrest as this is still affecting my life.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: California 851.8(B)

    For a case over twenty years old?

  3. #3
    Join Date
    Oct 2008
    Posts
    6

    Default Re: California 851.8(B)

    I guess I could just keep it on my record, I mean all its done is caused police to automatically think of me as some drug dealer. Plus when they ask about it and you tell them you were 100% innocent and that the police made it all up, well lets see ... oh yeah then they make up more crap,or beat the shit out of you, which is another case which snowballs until you are ready to either give up on life or shoot and hold court in the streets. So yeah, does it hurdle 851.8(b)?

  4. #4
    Join Date
    Jan 2008
    Posts
    18

    Default Re: California 851.8(B)

    If you look a bit below that particular section of the penal code, it gives this disclaimer:

    851.8.


    ( l ) For arrests occurring on or after January 1, 1981, and for accusatory pleadings filed on or after January 1, 1981, petitions for relief under this section may be filed up to two years from the date of the arrest or filing of the accusatory pleading, whichever is later. Until January 1, 1983, petitioners can file for relief under this section for arrests which occurred or accusatory pleadings which were filed up to five years prior to the effective date of the statute. Any time restrictions on filing for relief under this section may be waived upon a showing of good cause by the petitioner and in the absence of prejudice.

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