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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34746
Experience:  16 yrs. of experience including criminal law.
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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: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
What state is this from?
Customer: replied 8 years ago.
This is in Albuquerque New Mexico
Expert:  P. Simmons replied 8 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 8 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 8 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 8 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 8 years ago.

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 8 years ago.
So if the DA has no evidence is there a case or are accusations enough
Expert:  P. Simmons replied 8 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 8 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 8 years ago.
In the vast majority of jurisdictions polygraphs are not admissible in 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 8 years ago.
Is there any way to get the case dropped?
Expert:  P. Simmons replied 8 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