Legal Question in Criminal Law in California

What could be considered good cause for filing a petition for factual innocence past the 2 year deadline.

Charges were dismissed, but counsel at the time advised waiting to file a petition.

Statute of limitations and PFI deadline both passed earlier this year.

Asked on 11/04/13, 7:10 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Its not easy and each judge will feel differently about what is good cause. I would allege as many things as I could. Perhaps the fact that counsel told you to wait will be helpful.

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Answered on 11/04/13, 7:24 pm

Incorrect advice from counsel is a reason. It's worth trying. The worst that can happen is that your petition is denied.

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Answered on 11/04/13, 7:28 pm

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