Legal Question in Criminal Law in California

If you reported a criminal act with the police, but asked them not to follow up on it at the time. what is the time frame if you decide to press charges against this person for breaking and entering and assault and battery.


Asked on 9/21/09, 6:11 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

It's not up to you. The police can follow up on your report whether you want them to or not, and the D.A. can prosecute the suspect even over your objections.

In principle, the D.A. can file charges until the day the limitations period expires. A report you make at any point during that time could lead to charges, but the longer you wait the less likely that becomes. Any significant delay will make a prosecution less likely.

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Answered on 9/21/09, 6:39 pm


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