What to do if you are arrested, but were actually innocent. Sacramento Criminal Record Expungement Attorney on what to do if you are the victim of a False Arrest

BY : Chastaine | Jones
Written by: Chastaine | Jones

Getting arrested is a tough thing to have happen to you. Moreover, getting arrested for something you didn’t do is really tough and can adversely affect your life long after it is all over. If you have been arrested for something you didn’t do, you need to get good legal counsel.

Innocent people do get arrested. You could be the victim of a bad identification or just in the wrong place at the wrong time. Even though you may be completely innocent you need an attorney and you need to follow these simple rules. First, do not give a statement to the police without first talking to an attorney. You might think you can talk your way out of it. Most likely you will only make your situation worse. You need to be prepared to fight the case with everything you’ve got. Don’t admit to something that you didn’t do, and don’t let the police have a chance to work on you.

If you were never actually charged with a crime, the mere fact that you have an arrest on your record can impact you in several ways. It may show up on a background check. It might have to be disclosed in a professional license application. In addition, it could be used to prevent you from getting a job or even doing volunteer work.

If this has happened to you need to seek legal recourse on trying to clear up your record from public scrutiny.

If you were falsely arrested, even if you were not charged you need to do everything that you can to remove it from your record. Retaining a criminal record expungement attorney in Sacramento like Michael Chastaine Jones Criminal Defense Attorneys is a step in the right direction.

There are a couple of things that one can do if falsely arrested. You can move the court for a determination of factual innocence. While the burden on you is fairly high, I have found that sometimes you can get the District Attorney to agree to such a finding. If the Court makes a factual innocence finding, the record of arrest must be removed from your record completely.

You can also consider a civil law suit against the police. Be aware that you much file your claim within six months of the event.

How to Get the Best Results

You must be open and completely honest in sharing all the details with your Sacramento expungement attorney. This will help the attorney to develop your case and establish that you were, in fact innocent. There is a difference between being innocent and the police not able to prove a case against you.

While there is no time limit on when you can file for a determination of factual innocence, you have the burden of showing that the police had no probable cause to believe that you were guilty. The longer you wait, the more difficult this will be.

If you were charged and convicted of a crime, you still can work towards clearing up your record. Your lawyer can assist you with seeking all relevant materials as part of the expungement effort. The applicable laws in California for expungement include:

PC § 1203.4 – for cases with sentences in which probation was granted;

1203.4a – for cases where there was no probation;

1203.41 – for felony cases that resulted in county jail time instead of stay in a state prison,

17 – for felony cases that can be downgraded to misdemeanors pending certain conditions.

Lawyers such as Mr. Chastaine Jones Criminal Defense Attorneys will work with you to finally eliminate the ghosts of the past.

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