How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22172
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

Setting a mother goes to the pol. dept., Jan., 2007, and

Resolved Question:

Setting: a mother goes to the pol. dept., Jan., 2007, and says that she was told in June, 2004, by her then-12-yr. old dau. that her dad had squeezed her breast the night before, and that, then, she started remembering 2 similar incidents from when she was 6, and this mother also told her 2 witnesses that the dad had also told this girl that if she had any questions re: sex, that he would be glad to tell her; these friends also said they thought this was an abusive situation, but this mother continued to live with this man for another 14 months before he moved out. She, then, filed for divorce, but w/no mention of sexual assault on the girl. Divorce was granted July, 2006. Jan., 2007, she goes to pol. to report all the above, along with alleged threats, etc. Feb., 2008, he took a plea bargain, did his time, registered as SO. Is this mother immune from any crim. charges - endangerment? abuse? anything? She's also an R.N.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Samuel II replied 6 years ago.

hi

 

are you asking if the Mom can be charged for not reporting it earlier? No, she cannot be charged with anything. the DA would not, in my experience, move forward on those charges The Mom would be fine, because she reported it immediately upon the realization that the molestation took place.

Customer: replied 6 years ago.
The mom did NOT report it immediately upon being informed; she waited some 2 1/2 years before reporting it.
Expert:  Samuel II replied 6 years ago.

hi

 

yes. i see that - but she did report it - was she charged then for not reporting it? there would be a statute of limitations for charges which would be 3 years for a felony charge and 1 year for a misdemeanor. now, these would not pertain to the actual abuse which is why he was able to be prosecuted as those SOL begin at the age of majority for the actual offense. but the Mom would not be beyond the statute of limitations

Customer: replied 6 years ago.
No, the mom was not charged at the time of reporting. I don't understand you last statement that the Mom "would not be beyond the statute of limitations."
Expert:  Samuel II replied 6 years ago.

hi

 

my error - the Mom is beyond the statute of limitations for filing charges - bottomline is she cannot be charged at this time - because the actual crime took place in 2004. additionally, what would they charge her with - negligence ? each of us has a duty to act reasonably toward others. if there is a violation of that duty, without any conscious intention to harm, that violation is negligence. but culpable negligence is more than a failure to use ordinary care for others. for negligence to be called culpable negligence, it must be gross and flagrant. the negligence must be committed with an utter disregard for the safety of others. culpable negligence is consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.

 

so even if the SOL was not expired, i dont know that the DA could prove the necessary elements.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22172
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 3 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.