Legal Question in Criminal Law in California

December 2007, a family member took a plea on a sexual assault case dating back to January 1998 based on DNA evidence, that was collected when he was arrested for felony burglery in 2004. Since the accusation was reported in 1998, did the district attorney have the right to process this case? Or had the statute of limitation expired?


Asked on 6/10/10, 3:45 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The limitations period restricts only when charges may be filed. It has nothing to do with when a defendant may enter a plea or stand trial. You haven't told us either when the crime allegedly occurred or when charges were filed, so it's not possible to answer your question.

I should add that the limitations period can be extended for a variety of reasons. I believe, for example, that the clock does not begin to run on charges of sexually assaulting a minor until the victim becomes an adult. Your question does not say how old the victim was at the time, which is another reason we can't give you a reliable answer.

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Answered on 6/10/10, 10:40 pm
Terry A. Nelson Nelson & Lawless

The "right to prosecute"? Of course, that is his job. Its a little late to worry about whether there were legal defenses, like Statute of Limitations, that could/should have been raised at the time. Not raised, they are waived, as are untimely appeals. BTW if the victim was a minor, they have up to 8 years after turning 18 to bring a civil lawsuit. The conviction could be used as the 'proof' to win the civil case.

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Answered on 6/11/10, 11:05 am
Edward Hoffman Law Offices of Edward A. Hoffman

I have to disagree with part of Mr. Nelson's answer. Most defenses can be waived if they are not asserted in a timely manner, but that is not true of the statute of limitations. If the limitations period expired before the case was filed then the trial court lacked jurisdiction to hear the case. Lack of jurisdiction is a defense that generally cannot be waived. If this is indeed what happened, then your relative should still be able to challenge his conviction.

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Answered on 6/11/10, 12:20 pm


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