No matter what the circumstances are, being suspected of child molestation is a very serious allegation. Before filing charges, there is an investigative process that law enforcement agencies are required to follow and present before prosecutors can file arraignments.
When a person is accused of a crime and rights were not read or a warrant issued, law enforcement will need to show prosecutors that a crime was committed. Formal charges need to be filed before a case is heard by a judge.
What Does California Penal Code 288 Mean?
On Jan. 1, 2017, a law in California went into effect, eliminating the statute of limitations for certain felony sex offenses. Sex crimes that occurred on or after Jan. 1, 2017, do not have a statute of limitations, as well as crimes where the statute of limitations was in effect prior to Jan. 1, 2017 and had not expired before that date.
Exceptions to The Rules In California
Two exceptions are written into the new law for felony sex crimes.
- If 10 years have passed since the 18th birthday of the alleged victim, then charges cannot be brought against the accused.
- The statute of limitations allows charges to be filed within one year of when the crime was reported to law enforcement if substantial sexual conduct was involved and there is independent evidence to support the alleged victim’s claims
No matter what charges you face, the Law Offices of Thomas Nicholas Cvietkovich is here to help with high-quality legal representation. For more information or to schedule a consultation, contact our office online or call (408) 898-9770 today. We have Spanish-speaking team members available, and we serve clients throughout the Bay Area.