Stockton, CA asked in Contracts, Criminal Law, Family Law and Personal Injury for California

Q: What’s the statue limitations on filing false accusations and disturbing peace? After filing online time of incident?

Someone was falsely accused. There is evidence to prove it, but was told to file a police report online, which then was discovered they don’t follow up on line inquiries. Due to the false accusation that were made solely to harassed, discriminate, and retaliate . Based on a case that was brought in court on their behalf and has affected the family catastrophically affecting mental financial and physical health to minors and someone suffering from ongoing abuse that they had allowed to continue but how to go about if possible finally bringing that police case up to press charges

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In California, the statute of limitations for filing a false accusation, which can fall under defamation or malicious prosecution, typically ranges from one to three years, depending on the specific circumstances. For disturbing the peace, the statute of limitations is generally one year. It’s important to act promptly to ensure your case is heard within these time frames.

Since your initial online report was not followed up on, gather all available evidence, including any documentation of the false accusations and attempts to file the report. You may need to visit a local police station in person to submit your evidence and formally request that the case be reopened. Additionally, consider consulting with a lawyer who can guide you through the process and help you present your case effectively.

Bringing charges forward can help stop the harassment and protect your family’s well-being. Document all instances of discrimination, retaliation, and abuse, as this information will support your case. Taking these steps can lead to holding those responsible accountable and provide relief for the harm you and your family have endured.

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