Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am getting ready to file a CA Factual Innocence Case

Customer Question
I am getting ready...

I am getting ready to file a CA Factual Innocence Case against the County DA's office. She had released me from the case last year. That case is still ongoing with the other person. Upon not getting her way last Friday the DA stated to my Court Appointed Lawyer, that if I file the my FI case she will pull me back into the previous case and re-charge me. Is that considered Retaliator?

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

My Court Appointed Lawyer says he feels like it would be unethical to represent me because "it would put me in harms way as I have been dismissed from the other case".

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 4 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
12/4/2017
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 329
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

I have a few questions before I give you an answer.

1) You said the DA "released" you from the case last year. Does that mean that the charges against you were dismissed, or are you still a defendant? I ask this because I am wondering why you were in court with your court appointed lawyer if you are no longer a part of this case.

2) I am not sure what you mean by filing a factual innocence case against the DA. Are you preparing to file a civil action? In California, you can file a petition for factual innocence under Penal Code Section 851.8, but that is not filed "against the DA." So what type of pleading are you planning to file, and do you have an attorney doing it for you?

3) Your comment about your attorney stating it would be unethical to represent you because "I have been dismissed from the other case." Are there two (or more) cases here?

As to your question regarding retaliation, there are several answers there:

A. If your "factual innocence" case is a civil action, the prosecutor cannot threaten criminal prosecution to gain an advantage. (CA Rules of Professional Conduct 5-100(A).)

B. If the prosecutor dismissed the case against you because there was not sufficient evidence to proceed, then it is unethical for the prosecutor to threaten to reinstate those dismissed charges simply because you are exercising your rights to access the court system. A prosecutor shall not institute or continue to prosecute a case that the prosecutor knows is not supported by probable cause. (CA Rules of Professional Conduct, 5-110(A).)

C. If there were other reasons for your dismissal, the prosecutor probably does have the discretion to reinstate charges for any reason she wishes.

Please provide the information requested above and I will complete my response. Thank you.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3,242
3,242 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,242 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
A law enforcement agent files a criminal complaint against a
A law enforcement agent files a criminal complaint against a suspect to get an arrest warrant issued.In the complaint, the agent states that he has not included every fact known to him concerning the … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
In the affidavit for probable cause they cant use anything
in the affidavit for probable cause they cant use anything they found if I gave consent right they would have to explain why they stopped they would have to have prove of some type of stolen property … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,031 satisfied customers
Well, my situation is a probable cause for DUI. I was
Well, my situation is a probable cause for DUI. I was released for posting bail after I went to court. I was told to get an ignition interlock installed within 5 days I have an appointment for thursda… read more
James Daloisio
James Daloisio
Lawyer
329 satisfied customers
If the police do not have probable cause to even stop at the
if the police do not have probable cause to even stop at the house then my consent that said I gave would be non existant… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If they didn't have probable cause to stop then me
ok so if they didn't have probable cause to stop then me consenting to the search isn't valid right… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
299 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
11,964 satisfied customers
For a Federal Criminal Lawyer: In a federal criminal case in
In a federal criminal case in the district of Oregon where a motion to suppress had a hearing and an opinion was issued that denied it, several years have gone by and trial has not been held as yet. 1) Is there any situation where a new motion can be filed or the denial challenged prior to the trial when new facts or new case law has been found that could change the opinion? 2) What about if case law or facts existed at the time of the first motion to suppress were not presented or ignored by the court? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Lawyer
329 satisfied customers
Do you assist in a criminal defense of a court action in WV.
Do you assist in a criminal defense of a court action in WV … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I have a criminal case that will have another court session
Hello, I have a criminal case that will have another court session this upcoming **** … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,337 satisfied customers
Can probable cause be challenged on appeal if it wasn't
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I dri… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,578 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
32,061 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
I had a criminal court hearing and was sentenced, but was
I had a criminal court hearing and was sentenced, but was never sworn in can this be thrown out… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x