What is a Kellett motion for my criminal case?

Sometimes a single act or course of action violates more than one law. A Kellett issue arises when a prosecutor tries to prosecute you a second time for a second offense arising from an act or course of action that you were already prosecuted for. It is similar to double jeopardy, except it involves different offenses arising out of the same act or course of action. This is really a conversation that you should be having with your own lawyer. Good luck to you.

(Kellett v. Superior Court (1966) 63 Cal.2d 822) is the case that your attorney is referring to. What the case stands for is when the District Attorney files charges against you, they cannot bring a subsequent prosecution for different charges that arose out of the same incident if they knew or should have known about those additional charges at the time of the first prosecution.

I believe your attorney has more experience than you in this matter, and you should accept the attorney's advice.Sincerely, Attorney Mitchell S. Sexner Mitchell S. Sexner & Associates LLC /o Defending your rights since 1990