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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116816
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My boyfriend said that he was falsely accused in his 1991 rape

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My boyfriend said that he was falsely accused in his 1991 rape case trial, but was railroaded into taking a plea bargain. He was told that if he did not take this plea bargain of 21 years, he would have to serve 42 years in prison. Is there any way, I can get a hold of the records of his criminal trial transcripts and evidence? He tells me that the CA Department of Justice (DOJ) doesn't have a copy of his file (they threw it away after 7 years), but the CA DOJ _might_ have it on microfiche. What forms do I need to order his criminal trial transcripts?
Yes, you can get a copy of the record, and he is not truthful if he is telling you that DOJ doesn't have copies. The court where he was convicted or pled guilty in has the files with the evidence and they will be in storage from so long ago and you have to go see the clerk of court and fill out a request for the files and they will have to order them from storage.

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