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 Marsha411JD Your Own Question

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17612
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
19127644
Type Your Criminal Law Question Here...
Marsha411JD is online now
A new question is answered every 9 seconds

My uncle was arrested a few days ago and is in jail. Hes being

Resolved Question:

My uncle was arrested a few days ago and is in jail. He's being accused of molesting my cousin's babysitter around ten years ago. Can they just arrest him on this accusation? Isn't there supposed to be some forensic evidence? or evidence at all? And what about the statute of limitations?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 2 years ago.
Hello,

How old was the alleged victim at the time of the alleged molestation?
Customer: replied 2 years ago.
Around 15, I believe.
Expert:  Marsha411JD replied 2 years ago.
Hello,

If this is being charged as a Class B Felony, then there is a 5 year statute of limitations after the alleged victim turned 18. So that generally means charges may be filed as long as the victim is 23 years old or younger.

As for evidence. In order to arrest someone for a crime there must be probable cause to believe that the crime occurred and that the person being arrested was the person who did it. So, if the alleged victim is credible, police could arrest just based on allegations. That said, it is fairly unusual for the State to file charges without more evidence, which doesn't have to be forensic (like on TV) but could be other indirect evidence that supports the victim's story.

Ultimately though someone can't be convicted of the crime unless there is evidence that convinces the trier of fact beyond a reasonable doubt. Which is usually more than a victim's testimony from an event that is 10 years in the past.


I, like the other Experts on this site, am here to assist customers like you. However, we do so in anticipation of being paid for our efforts, just like other professionals do, since this is our livelihood and not a hobby. To that end, I am more than happy to clarify my answer to you and answer any related follow up questions that you might have for the value that you have offered for the question. In return, I ask that you show good faith in compliance with the TOS by accepting my answer, whether the news is good or bad, so that I will be paid for my efforts. Please let me know if you experience technical difficulties when attempting to ACCEPT my answer by clicking on the green button. That way I can notify customer service.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17612
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and 2 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
What kind of indirect evidence do you mean?
Expert:  Marsha411JD replied 2 years ago.
It could be all sorts of things. Statements from witnesses, statements from someone who said your uncle admitted what he is accused of to them. Could be someone who the alleged victim at the time made an immediate statement of what happened to her to. Or it could be proof that he was there alone with her at the time she alleges this happened and he has something in his background that shows a pattern of this behavior. I can't second guess what the evidence might show, but it isn't like TV and there isn't always forensic evidence to prove a case. It certainly helps the prosecution if there is forensic evidence, but it isn't always necessary. However, without it the defense has a much easier time and trying to create reasonable doubt in the jury's mind.

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.
 
 
 

Related Criminal Law Questions

Chat Now With A Criminal Lawyer
Marsha411JD
Marsha411JD
1500 Satisfied Customers
Licensed attorney with 28 yrs. exp. in criminal law