Dallas, TX asked in Criminal Law for California

Q: can a person still be charged for a crime, when there's video proof of it, even if it's past the statute of limitations

can a man still be charged for a crime, if there's irrefutable video proof found of him commiting it, even if the statute of limitation has reached it's deadline.

Related Topics:
2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

AS I COMMENTED, THE DA'S OFFICE CAN BE VERY CREATIVE IN FILING TO TRY TO AVOID CERTAIN DEFENSES..................BUT THE ST/L SHOULD BAR A PROSECUTION OR BE THE SUBJECT OF A 1538.5 MOTION TO DISMISS

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: The Statute of Limitations is a bar to prosecution regardless of the 'proof' of the crime. The Statute varies with the crime involved, so you want to do the research to determine what the SOL is, and keep in mind that the DA could allege a crime that fits within it.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.