If possible, it is recommended that you ask a lawyer to help you with your case. When you file your petition with the court clerk, the clerk will set a hearing date for your petition. You will also need to serve copies of your petition on the law enforcement agency that arrested you AND the District Attorney of the county in which you were arrested. You must serve your petition on the DA at least 10 days before your hearing date.
If neither the law enforcement agency nor the District Attorney responds to your petition within the 60 days, the petition is considered denied. This means that you will have to get your original petition back from the law enforcement agency that you gave it to, and then file it with the court. The District Attorney may present evidence and argument against you. Due to its multi-platform nature, signNow works on any gadget and any operating system.
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B The prosecuting attorney filed an accusatory pleading based on the arrest, but, with respect to all charges, one or more of the following has occurred:. B Any of the arrest charges, as specified by the law enforcement agency that conducted the arrest, or any of the charges in the accusatory pleading based on the arrest, if filed, is a charge of murder or any other offense for which there is no statute of limitations, except when the person has been acquitted or found factually innocent of the charge.
C The petitioner intentionally evaded law enforcement efforts to prosecute the arrest, including by absconding from the jurisdiction in which the arrest took place. The existence of bench warrants or failures to appear that were adjudicated before the case closed with no conviction do not establish intentional evasion. D The petitioner intentionally evaded law enforcement efforts to prosecute the arrest by engaging in identity fraud and was subsequently charged with a crime for that act of identity fraud.
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