851.8 Factual Innocence Motion
Don’t let a wrongful arrest or prosecution haunt you. Instead ask Attorney Fell for help with a factual innocence motion.
Getting arrested is a stressful and upsetting experience for anyone. But if you were actually innocent of the alleged crime, you may be particularly irritated to discover that the history of that arrest—and any subsequent legal action—is continuing to follow you around, unfairly prejudicing potential employers, landlords, and other individuals against you.
The good news is…
Attorney Fell can set you free with a factual innocence motion.
Once your factual innocence motion has been granted, you will honestly be able to answer “no” when anyone asks if you have ever been arrested for a crime. All records related to the incident—including police reports, booking photos, and fingerprint records—will be sealed and destroyed so that they are no longer accessible to the public.
How to Make a Factual Innocence Motion
Step 1: Check Your Eligibility. The factual innocence motion is designed to help individuals who were either:
- Arrested but never charged with a crime
- Charged but had their case dismissed
- Found innocent in a jury trial
Step 2: Prepare Your Case: You will not have your motion granted unless you can prove that you are actually “factually innocent.” This requires much more than a “reasonable doubt” regarding your guilt. Instead you must prove that no reasonable person would have been able to honestly entertain any strong suspicion of your guilt. Obviously, Attorney Fell’s skills and experience will be instrumental in helping you to understand this standard as it applies to your case and in gathering the necessary evidence to support your innocence.
Step 3: File Your Petitions: The next step is to file the necessary paperwork for your factual innocence motion. If you are dealing with a wrongful arrest, you will petition the law enforcement agency. If you are dealing with a wrongful arrest and a wrongful trial, you will petition the court.
Ready to Get Started?
In most cases, it is advised to initiate your factual innocence motion within 2 years of the arrest or trial. So if you are interested in pursuing this option, you will want to call us at (949) 585-9055 now and get started.