Legal Question in Criminal Law in California

False allegations

Hello,

I was falsely accused of committing several crimes via an anonymous We-Tip report. The police have subsequently ''shelved'' my case due to the absence of any evidence and the intervention of my attorney. Unfortunately, if my case is simply shelved and never resolved many individuals will begin to believe that I am actually guilty. Further, I will never be allowed to return to my volunteer work without written documentation indicating that I am no longer a suspect.

Below are my two questions:

1. Is the We-Tip complaint subject to a statute of limitations?

2. Would the police possibly be willing to write a short note addressing the fact that I am no longer under active investigation?

Thank you


Asked on 3/17/07, 9:38 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: False allegations

Thank you for your question. The fact that the information came through "We-Tip" is not determinative as to what the statute of limitations is -- the statute of limitations is always measured based upon the original crime. I can't say whether or not the police would be willing to write a note for you or not, as it's up to the particular department's policy or the individuals you're dealing with there. However, you are innocent until proven guilty, and the law grants you certain protection if someone falsely reports that you committed this alleged crime, or if persons make decisions based upon an investigation, instead of on a criminal conviction.

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Answered on 3/19/07, 6:49 pm


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