Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

What is the statute of limitation on a child abduction penal…

Customer Question
What is the statute...

What is the statute of limitation on a child abduction penal code 278

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

Many

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

A child was abducted in 2012 but the police refuse to take report of abduction

Submitted: 4 months ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 hours by:
11/23/2017
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago
Olivia Kent
Olivia Kent, Lawyer
Category: Criminal Law
Satisfied Customers: 2,894
Experience: Partner at Kent Law Group, LLC
Verified
There is NEVER a statute of limitations expiration for child abduction.
Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
Where does it state that. Local law enforcement state it is beyond statute of limitations. They are helping to conceal the abduction.
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago
There is NO state in this entire country that has a statute of limitations on child abduction. I don’t know if you want to tell me your specific situation bc it clearly seems that whoever you’re interacting with does not feel that whatever you’re discussing constitutes an abduction...
Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
The local law enforcement states we are beyond the statute of limitations for the abduction so they dismiss us and tell us we cannot file for the abduction and they refuse to accept any report of an abduction.
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

And this is in the US?!?!

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

Hang on... I think we may be having two different conversations. Are you speaking of parental kidnapping?

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

California Penal Code 278 discusses "child stealing" or "detainment or concealment of a child from legal custodian."

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

In California, this crime does not fall under the same statute of limitations as murder, embezzlement of public funds, certain crimes against children (although I don't see how child stealing wouldn't fall under "crimes against children"). It appears that violations of 278 have AT MOST a 6 year State of Limitations.

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

offenses punishable by 8 or more years in prison have a 6 year SOL

http://statelaws.findlaw.com/california-law/california-criminal-statute-of-limitations-laws.html

Not in state, max. extension 3 yrs.; statutory periods do not begin until offense is or should have been discovered.

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
Local law enforcement helped with the abduction and false conviction against my wifet and that's only a little bit of the crimes committed. It is insane the amount of crime over the abduction and subsequent cover-up of the child abduction.
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

Your wife was convicted for child stealing? I'm not sure I follow...

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago

A person helping the family of ************, the biological father of ***********, filed false charges against my wife. I would have to email you the documents for you to grasp the magnitude of what happened. I would love for you to see what has occurred. You would be terrified that this occurred in our nation.

Customer reply replied 4 months ago

My emsil address is : *************.com My phone is low on power. I may be cut off soon.

Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

I've looked up the penalties for that crime for you and they are as follows:

Penal Code 278: prosecutors may charge child abduction as either a misdemeanor or a felony, depending on

  1. the circumstances of the offense, and
  2. your criminal history.

If you are convicted of the misdemeanor, you face up to one year in a county jail and a maximum $1,000 fine.

If you are convicted of the felony, you face either (a) probation and up to one year of county jail, or (b) two, three or four years in the California state prison and a maximum $10,000 fine. ∗If you abduct a child in violation of a custody order...Penal Code 278.5 PC (discussed below in Section 4. Related Offenses)...the penalties are similar, except that the felony charge subjects you to 16 months or two or three years in prison instead of two, three or four years.26

In addition to these penalties, the defendant must pay restitution to the prosecuting agency and/or the victim...or to anyone acting on the victim's behalf...for any costs reasonably incurred in locating and returning the child to the victim.

https://www.shouselaw.com/child-abduction.html

To be honest, looking at this further, I don't even think a six year statute of limitations is possible since it wouldn't be punishable by 8 or more years in prison... possible, though, if the "not in state" max extension is applied.

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

Where is the child now? With which family member? Do you know?

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

Not all crimes are governed by statutes of limitation. Murder, for example, has none. In some states sex offenses with minors, crimes of violence, kidnapping, arson, and forgery have no statutes of limitation. I purposely highlighted kidnapping b/c "child stealing" actually doesn't fall under the same umbrella as kidnapping - and CA penal code 278 covers child stealing. In California crimes involving public money or public records have no statutes of limitation but child stealing does... that's completely shocking in my opinion...

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

I'm going to request that public access to this question be blocked - so you can see it but it won't be searchable given the sensitive nature of the question...

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
The mijor was emancipated in texas 19 feb2015 where the court had no jurisdiction, she was not a resident of texas, the person claiming to be legal guardian was never the legal guardian, the court knew of the existing custody and guardianship on California yes an illegal guardianship violating the custody order, and more
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

That's horrible!

Ask Your Own Criminal Law Question
Customer reply replied 4 months ago
1 % battery. Iwill resume tomorrow
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

Ok.

Ask Your Own Criminal Law Question
Criminal Lawyer: Olivia Kent, Lawyer replied 4 months ago

Have a good night.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Olivia Kent Your Own Question
Olivia Kent
Olivia Kent
Olivia Kent, Lawyer
Category: Criminal Law
Satisfied Customers: 2,894
2,894 Satisfied Customers
Experience: Partner at Kent Law Group, LLC

Olivia Kent is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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.

NormaPensacola, 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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
I was convicted of a felony misdemeanor a mother and
I was convicted of a felony misdemeanor a mother and daughter attacked me last Monday I am 65 the mother is 33 the daughter 16 I was the only one arrest it has been a police officer came out and spoke… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
I got kidnapped by the police. Texas I was the one who
Texas I was the one who called them And they protected the other officer. They gave me no rights … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
I'm on house arrest for misdemeanor battery in Overland Park
I'm on house arrest for misdemeanor battery in Overland Park Kansas for 60 days. I have 30 days left today. I was ordered to appear early this morning and was told I have a new misdemeanor charge for … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If I was arrested for a misdemeanor but have not gone to
If I was arrested for a misdemeanor but have not gone to court can I go out of state … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I need information for a misdemeanor charge in county court
I need information for a misdemeanor charge in Harris county court 10 … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
I need a lawyer for a misdemeanor case for issuing worthless
I need a lawyer for a misdemeanor case for issuing worthless check. What to do? … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,034 satisfied customers
1.i ha.ve 3 misdemeanor charges(criminal threat,vandalism)
Second opinion] 1.i ha.ve 3 misdemeanor charges(criminal threat,vandalism) in my residence 2.however, los angeles county public defenders(felony and misdemeanor) have developed Conflict of Interest 3.… read more
Jonathan Holson
Jonathan Holson
JD
68 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
11,980 satisfied customers
For a Federal Criminal Lawyer: In a federal criminal case in
In a federal criminal case in the district of Oregon where a motion to suppress had a hearing and an opinion was issued that denied it, several years have gone by and trial has not been held as yet. 1) Is there any situation where a new motion can be filed or the denial challenged prior to the trial when new facts or new case law has been found that could change the opinion? 2) What about if case law or facts existed at the time of the first motion to suppress were not presented or ignored by the court? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a criminal case pending, Class A Misdemeanor,
I have a criminal case pending, Class A Misdemeanor, Criminal Trespass, and I filed a Pre-Trial Writ of Habeas Corpus and a Motion to Dismiss for lack of subject matter and personal jurisdiction, whic… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
156 satisfied customers
Do you assist in a criminal defense of a court action in WV.
Do you assist in a criminal defense of a court action in WV … read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
I have a criminal case that will have another court session
Hello, I have a criminal case that will have another court session this upcoming **** … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I missed a misdemeanor court dat 2 years ago and didn't know
Hello I missed a misdemeanor court dat 2 years ago and didn't know I had one for paraphernalia and unfortunately I missed it again this Friday. What happens now if its 2 years old and I go to the cour… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
In criminal court, I understand that when an accused has
In criminal court, I understand that when an accused has Clemency from the State Board of X that it can not be held against the accused.So what about in civil court?… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have a question about procedure in criminal court in
I have a question about procedure in criminal court in Texas; specifically if there is any way to request a pretrial hearing prior to indicment of a felony … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x