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What is Factual Innocence and How Can I Be Found to Have Been Factually Innocent According to Penal Code Section 851.8?

By Walin & Klarich

Factual innocence is one of the many remedies available to those who have been arrested for a crime but ultimately had the charges dismissed. However, there are many essential elements that must be proven before a court will deem you factually innocent. A recent California appellate court decision addressed the elements of factual innocence. The court stated that even though the defendant was released shortly after her arrest, she had no claim of factual innocence. The defendant was released because there was not enough evidence to charge her with a crime, but, the court concluded, there was still enough evidence to support a reasonable belief that she may have been involved. A finding of factual innocence is impossible if there is reasonable cause to believe the defendant in some way contributed to the crime they were arrested for...continue to full post

Full post as published by Southern California Criminal Defense Blog on December 25, 2009 (boomark / email).