Every country has a statute of limitation (SOL) that lasts for a certain period. The purpose of the statute is to ensure that the convictions occur only once the evidence has been found, and has not deteriorated over time.
The state of California, statutory periods do not begin until the offense is discovered. For every criminal offense, the statute of limitation that is currently in force applies. This means that if the statute gets changed over time or by the time the prosecution has been brought, it does not affect the person charged with crime/s.
Criminal Prosecutions for Sex Crimes
Each
sexual assault in the state of California has a statute of limitation of 6 years. The only exception is made for DNA analysis; if the DNA test can prove the identity of a rapist, the prosecution can take place within 1 year of discovery.
When it comes to child abuse, there is a 10-year statute of limitations. However, the crime can be prosecuted within 1 year from the moment the victim tells the police. Even past the 10-year mark, it is possible. Sounds contradictory? Such is the current law in the state of California. It may change in the near future, but as for the current time being, you should speak with a knowledgeable Los Angeles Sex crime attorney and learn more about the current laws and regulations.
Tolling the Statute of Limitations
In some cases, it is possible to stop the time period of the statue of limitations. These cases include the following:
Filling of a criminal complaint (only if the limitation period has not expired)
Defendant flees the state of California (time will start again when the defendant returns)
If the victim is under the age of 18
These are the only cases when one can “Stop the time” in their defendant’s case. This is mostly done by the attorneys, which is why it is important to have skilled attorney represent you in case of a sex crime (if committed or accused of one). Consult with our
Criminal Defense Attorneys in Los Angeles today and find out how they can help you.
Do I have to hire an attorney?
We highly encourage you to consider hiring an attorney if you were a victim, or accused of committing a crime. Our
Los Angeles Sex crime attorneys will help you deal with the legal aspect of the matter, advise you on what to say and how to behave, and help you collect the money for your damages.
Time is of the highest essence, which is why you have to act immediately and speak with a knowledgeable attorney. You may not even be guilty, yet the accusations stand and there is nothing you can do about it. Don’t put your life in the state-provided attorney’s hands. Our team of seasoned professionals will take care of your case. They will do everything in their power to help you.
Give us a call as soon as you can.