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My grandson wants to press charges against his father

Customer Question
My grandson wants to...

My grandson wants to press charges against his father aledging that he molested my step granddaughter. My son says that it never happened. Can he be arrested. My granddaughter says it never happened

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

California 5 years ago

Lawyer's Assistant: Has anything been filed or reported?

5 years ago it was dismissed because it never happened

Submitted: 2 months ago.Category: Family Law
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2/6/2018
Family Lawyer: Ely, Counselor at Law replied 2 months ago
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. I am afraid that if the authorities believe the claim, then they can try to prosecute him.

There is a 10 year statute of limitations for child molestation in California. However, the alleged action can also be prosecuted within one year of whenever a victim tells the police - even past the 10 year mark. This essentially renders the 10 year statute of limitations pointless.

So yes, he can still be charged.

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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.

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