Legal Question in Criminal Law in California

No complaint filed, Discharged on a case

I am trying to get into the marines. I was arrested for DV and the DA has not and will not file a complaint on the charges for my case, yet it remains open on my backround check due to the statute of limitations. The DA on this case is too busy to write me a letter concerning these facts and has requested that I write one my self and email it to him. I was wondering if you could help me write the letter?


Asked on 2/13/09, 3:04 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: No complaint filed, Discharged on a case

Hard to believe that the military would not recognize that you are presumed innocent, but it happens. You could apply to the court for a Declaration of Factual Innocence.

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Answered on 2/13/09, 3:18 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: No complaint filed, Discharged on a case

Another option would be to have someone draft a letter saying the DA has rejected the case and have him sign it. It is mind boggling that one of his assistants would not do it. A lawyer can do it for a few bucks I am sure. Feel free to give me a all.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 2/13/09, 3:24 pm
Brian McGinity McGinity Law Office

Re: No complaint filed, Discharged on a case

You have a few options and they depend on your situation. It appears as though you are talking about an enlisted position and not an Officer's position. I would suggest calling the District Attorney's office and speaking to D.A.'s supervisor you are dealing with and asking them for assistance. If that does not work, I would suggest calling the public defender's office and finding out if they are willing to help you. However they are usually much more busy than the DA's. You could contact a private attorney but that will probably cost you some money. Another avenue you might try is to contact the family law facilitator's office in your county and ask for assistance. Generally every county court has a family law self-help center. They usually have at least one attorney and some paralegals that assist people with family law matters. However, some of the offices are very helpful and are willing to go the extra mile for people who ask for the help. I know the Placer County family law facilitator's office will help with matters similar to this when they have the time. However, it generally takes asking for the help and then waiting in line and explaining to them exactly what you need. The self-help offices do not charge for their services. Although, different counties will operate the self help centers in different ways. Good luck

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Answered on 2/13/09, 5:00 pm


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