2 part question... 1) i am going to a court hearing regarding an ambulance drivers certification that was revoked because of a crime that i was accused of. The case was dismissed via penal code 1385 in the furth of justice. They have the police reports of that night and my question is can they use that against me even though the case was dismissed?? Part 2. Can my case be re opened for this matter if the case was dismissed at probation and sentencing hearing?
2 Answers from Attorneys
You're questions are not very clear. Are you charged criminally regarding the ambulance drivers certification. If not, your question should be addressed to administrative law attorneys and not criminal defense attorneys. The police reports are hearsay. However witnesses can testify as to what they have perceived as to what is in the police report. To answer whether a case can be reopened we would need to know whether the case was a felony or a misdemeanor and what reason was given for reopening the case.
Can they use it? Yes. They ARE using it, aren't they??
Can you fight it? Sure, you can try. You have nothing to lose but time and money.
A 1385 dismissal is not the same as a court formal finding of 'factual innocence', which would have had a quite different impact on this process. But you work with what you have.
Why would you seek to reopen a dismissed case?? Do you want to set aside the dismissal, go to trial, and risk conviction??
If the police reports and thus the witnesses are known to the agency, you have to defend and oppose the matter no matter what happened in court You are in this because of your conduct that led to the criminal charges, no matter how they learned of it.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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