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Petition for Finding of Factual Innocence

Petition for Finding of Factual Innocence (Penal Code 851.8)

Petition for Finding of Factual Innocence

If you have a case that was dismissed or where the charges were never filed, you can file a petition for a declaration of factual innocence. After bringing the Petition, the prosecutor will file an opposition. Then a hearing will be scheduled.

At the hearing the Petitioner has the burden of proof to establish factual innocence. The standard for factual innocence is whether facts exist which would lead no person of ordinary care and prudence to believe or conscientiously entertain any honest and strong suspicion that the person arrested is guilty. Simply put: the petitioner has to prove no reasonable juror could find him guilty.

It’s a very high burden. Comparable to the prosecutor’s burden of beyond a reasonable doubt.

If the Petitioner is successful it results in the destruction of all records of the arrest. This includes fingerprints obtained during the investigation. At the end the arrest is deemed never to have happened.

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Client Testimonials

“Edward Blum did the impossible! I was facing some pretty staggering charges. DUI, I didn’t expect much, it felt pretty stacked. He promised me a good fight and delivered. Excellent communication throughout the entire process. We beat it!!! He saved my life. I’d highly recommend his services.”

Allen

“Ed is a quiet man but don’t let his demeanor fool you. He made all of my court appearances for me (unless absolutely necessary) and in the end, got my charges significantly reduced. A DUI is a very serious situation. I was very worried and am happy that I had Ed in my corner. He did an excellent job and I would confidently recommend him to anyone needing his services.”

Jeff K

“Integrity is so nice to find. Helping a friend with a matter before the LA court, we count ourselves very lucky to have found Ed Blum to represent. His genuine communication style, his comfort with and command of the law and court process, made the whole experience as stressless as possible… And with a positive outcome. We are grateful and sincerely recommend him.”

JP

“Many times I would stress out about my situation and email Mr. Blum millions of questions as to what could happen, IF what will happen, etc… I would get a fast response every time with all the information I needed. He went to all my court appearances which were very helpful as I could work full time and am not able to take off during all the court dates that the court wants. My case was reduced from a DUI to a reckless! I would go back to court in Dec. for a progress report and MR. Blum will be coming with me if I need him to be there, which is awesome. Most attorneys settle your case and you never see them again. Overall, I am very happy with the outcome of my case and with his services - I give him a 10!”

Michelle K.

“Ed Blum helped me come out of the darkest days of despair in my life. I had been partying in Hollywood, and all was on point until I decided to drive home. I was pulled over, and what began as a great night turned into one of my worse nights. I did not know what to do but found solace in meeting with Ed Blum. He is a very knowledgeable attorney, who related well to me and no doubt all his other clients. He is an A+ defense attorney!”

Krystal

“Mr. Blum handled a case concerning my brother who formerly lived in California. Since I also lived out of state, it would have been very difficult and expensive to fly to California to resolve. I chose Mr. Blum due to the types of cases he handles. I really did not know what to expect but after our first conversation on the phone, he seemed very professional and helpful. I gave him all my information and he informed me of the process involved as well as the time frames. Mr. Blum quickly and efficiently got the ball rolling and was very prompt in communicating after each court appearance he made. He went far beyond my expectations. He simply accomplished what he promised at the fee we discussed. I could not be more pleased with his professionalism and attention to detail. I would not hesitate to use him in the future and would highly recommend him to anyone. If you are looking for an attorney who is a straight shooter- give Ed Blum a call.”

Bill E.

“This last week I needed an attorney in Los Angeles for an emergency situation impacting both my wife and myself. The situation is a little personal, but Attorney Blum not only went to the county for us (saving us a major hassle of driving at least 600 miles round trip), but kept me on his cell phone and even talked to supervisors to get the situation handled. He was very calm when dealing with the people, some that obviously didn’t know how to handle the situation and even ended up getting a supervisor to fix our situation. I was in the unique position of being able to hear how he handled most of it while I was on hold on his cell phone several times. In summary, he was professional, looked for ways to fix the situation and very easy to deal with. I would not hesitate to send my mother, sister, wife or father to him with any legal problem.”

Matt

“I want to say a special thank you for defending my grandson Keith P__. I know there were times when you could have said, “that’s it.”, but you stayed to defend Keith through to the end and I will always be grateful to you for your tireless work, and work ethic just going beyond the call of duty checking on Keith’s wellbeing… We would recommend you without hesitation.”

Francis D

“Mr. Blum is on the ball and seems well connected. He and his resources were invaluable in winning my case”

DUI Client

“Truly, truly fantastic service and help.”

M.M.

“He will not only go out of this world to take care of your case, but he will also stick with you till the end no matter what. Because I was out of the country, he had to go back and forth to court for me for over two years all because of me but he never let me down and always encouraged me. He is not just a typical lawyer but like a real friend actually cares about you and not just the case. I recommend him with all my heart, guaranteed.”

Paris C.

“The best!! Ed does the work. He got my charges significantly reduced and went to almost all my court dates without me having to show up. Takes care of thing you need to take care of and one of the worst things to happen to you will pass and life will go on. Definitely, recommend.”

Robert P.

“He helped me with a DUI case and even though I had small chances, he was clever enough to find a way to get a good deal with the prosecutor. Instead of getting charged with a DUI he was able to get it reduced to a wet reckless even though my BAC was twice the amount of the legal limit. He was a great support during the entire process.”

Charles Q

“Edward Blum is a great attorney, he did what he said he would (fight my DUI) and he handled it great. He made sure to take care of my problem, by making it his problem! He walked me step by step and gave me more options than the court had ever mentioned. If you're going to court, get an attorney and if you’re getting an attorney, get Edward J. Blum. And do not try to fight it yourself.”

Robert P.

“Excellent service. Always answers the phone. Prompt and on timein court and saved me a lot of time and money. Went to all my court dates and then some. Got me extensions on classes and fines numerous times. Highly recommend.”

Gregory M.

“He has done a great job defending me. And the thing that got me is that he really cares about really wanting to help. I have had other lawyers and they didn’t care to truly help, they just wanted to get more money out of me. I would recommend Edward to anyone that would need his services – which I have already done and he again did a great job of helping the person I sent to him.”

Anonymous

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