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 P. Simmons Your Own Question

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 26059
Experience:  16 yrs. of experience including criminal law.
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

how long does the DA have to procecute in a case against someone

Customer Question

how long does the DA have to procecute in a case against someone that has not been chared for accusations of child molesting
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
What state is this from?
Customer: replied 5 years ago.
This is in Albuquerque New Mexico
Expert:  P. Simmons replied 5 years ago.
In NM, this would typically be a 6 year statute of limitations, and the statute does not start to run until victim turns 18 yrs. old or the offense is reported, whichever occurs first






Please let me know if you have more questions and I will do my best to assist, otherwise, please accept so I may get credit for my work.
Customer: replied 5 years ago.
The DA does not have a medical report or statements from anybody except the child the accusations were in Sept of 2008 and nothing has come of the case yet
Expert:  P. Simmons replied 5 years ago.
So you will have 6 years from Sept 08...but in reality the longer they wait the less likely they are to charge.



Customer: replied 5 years ago.

The DA office informed me to get a public defender to push the case. The child addmitted that she lied about the case and the officer is still pushing and the DA has the case just sitting

Expert:  P. Simmons replied 5 years ago.
Understand

You would do well to get an attorney. YOu would also do well not to make statements without the assistance of that attorney.

That said, the DA can wait the entire statute of limitations to press charges, so this could take awhile if the DA wants to wait...but like I said, in most cases, if there is a case they will charge and if not they will not.



Customer: replied 5 years ago.
So if the DA has no evidence is there a case or are accusations enough
Expert:  P. Simmons replied 5 years ago.
Accusations can be enough to start the process...but if the accuser recanted, and there is no other evidence, I suspect that the DA will not prosecute...but will wait to see if more evidence becomes available in the future.


Customer: replied 5 years ago.
Also I submitted a polygraph about everything and was told i failed the test after the officer said i didnt do it, the officer contradicted herself on that and was going to proceed with the case. If i failed the polygraph wouldnt they have taken me into custody
Expert:  P. Simmons replied 5 years ago.
In the vast majority of jurisdictions polygraphs are not admissible in court...my experience is that they are most often used to try and force a confession from an accused.

I agree, if they had evidence that was admissible in court that you committed the molesting you would be in jail, your best course of action is to retain a local attorney to assist and do not talk to law enforcement again without that attorney

Customer: replied 5 years ago.
Is there any way to get the case dropped?
Expert:  P. Simmons replied 5 years ago.
Only if the DA prosecutes

Under our system, there is not a case unless the DA brings the case. SO, until that time you have to wait. If the DA brings a case, then you can challenge in the court

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.