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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20233
Experience:  Handling criminal and probation matters for over 14 years.
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A friend of mine had an affair with a co-worker back in March

Resolved Question:

A friend of mine had an affair with a co-worker back in March 2007 which lasted for about 6 months. He broke off with this woman in September 2007 because she found a job in his group. Since then this woman has been harassing him verbally at work and outside of work. Recently she attempted to attack him with her car for which she is arrested. Now she is saying that she did not know that my friend was married and that he lied to her about his marital status to get to her pants. She is saying that my friend raped her.

Can she get any attention from DA for this kind of charges after two years? What are the chances of him getting convicted?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 7 years ago.
Thank you for using JustAnswer!

Has your friend spoken with or been asked to meet with the DA or police yet?
Customer: replied 7 years ago.
No. He has not. His ex-girlfriend is saying that to police and to friends.
Expert:  JB Umphrey replied 7 years ago.
If she's just talking smack, your friend should ignore her and keep to himself. Crime victims don't talk smack. If, for some reason, he's asked to speak with an officer or DA about this, he should decline ( ) They have no evidence and there's no need for your friend to say anything that would be used against him.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Customer: replied 7 years ago.

This does not answer the question whether DA or Police will start an invetigation against my friend. Especially after two years. My understanding is California statute to report a rape is 2 years, isn't it? And then again why is it that this lady waited so long to come forward with the rape complaint? Will this be questioned by DA?

Expert:  JB Umphrey replied 7 years ago.
If she goes to the police to report it; they will investigate. They will probably ask to meet your friend. After the police investigate, if they think there's anything to it, then they'll refer the file to the DA to review for any charges to authorize. Your question on the waiting for two years is a very valid point.

The statute of limitations in California is based on the potential sentence of the crime, for example, crimes punishable by the death penalty have no statute of limitations. Because of this, it is very difficult to accurately predict the statute of limitations for a particular incident since it depends upon which crimes the prosecutor would charge in their case. The only way to accurately tell whether or not a statute has expired is for the crime to be reported and investigated.
Customer: replied 7 years ago.

Should my friend consider going to a criminal attorney? Should he decline to talk to police based on the video you sent me?


Expert:  JB Umphrey replied 7 years ago.
At this point, there's no need for your friend to contact a criminal attorney. Yes, he should not talk to the police. If the police want to get ahold of him, that's when your friend gets a criminal law attorney.
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