Factual Innocence Motions – CPC 851.8

One remedy that is accessible to individuals who were arrested for a crime but eventually had the charges dismissed is known as a factual innocence motion. Nevertheless, as any Los Angeles factual innocence lawyer will tell you, there are quite a few key elements that will have to be established in order for a court of law to find you factually innocent.  California’s Penal Code Section 851.8 was established by the legislature for those individuals against whom a charge has been dismissed.

A decision that was made by California’s appellate court specifically discussed the requirements for obtaining a determination of factual innocence.  In essence, findings of factual innocence are virtually unattainable if there is reasonable cause for thinking that the defendant contributed in any form or fashion to the crime for which he or she was arrested.  Ultimately, it is the judge who will have the final say in the matter, and his or her decision will most likely hinge on the evidence that’s in front of the court at the time.

Are Plea Bargains Eligible for Factual Innocence Motions?

For instance, if a charge gets dismissed primarily because the defendant pled to some other charge, the court probably won’t deem the defendant factually innocent.  But, if the charge ends up being dismissed because there was no evidence to sustain it or because that evidence essentially rebuts the charge, the judge most assuredly will grant a finding of factual innocence.

Benefits of a Factual Innocence Motion

Any Los Angeles factual innocence lawyer will advise you that there are certainly a number of benefits to a person being deemed factually innocent.  For instance, whenever an individual gets arrested and charged with a crime, that arrest and/or criminal filing will be able to be seen on the individual’s rap sheet, regardless of whether the charges end up being dismissed or not.  That said, there certainly have been innumerable times when a District Attorney might bring up a person’s past arrests and cases in order to show him or her in a negative light, even if the charges were ultimately dismissed.

Additionally, and probably more importantly, your future employers and certain licensing agencies might be given access to your criminal history and elect, based on the information found, not to deal with you because you’ve been arrested for various serious offenses.  All in all, the finding of factual innocence will eliminate any element of suspicion that may exist in someone’s mind and it further represents a clear judicial statement that the individual did not commit the crime for which he or she has been blamed. If you need a Los Angeles factual innocence lawyer, please call Daniel Cota at 800-351-6860 for a free consultation.