Legal Question in Criminal Law in California

criminal court decisions reversed

someone i know, was convicted of molesting my son, served one year in prison, then was out on parole for 5 yrs with stay away orders. during that time, he studied the law and was able to reverse the court decision four years later, which was granted. On that day, he phoned my son, then two days later, my son committed suicide. On month before my son died, he told me he had been raped and beaten by this man from the time he was 10 yrs old. My younger son was also molested but i was told we could not prosecute him again. What can i do to bring the court decision back to its original standing? this man is a child molester set free. please help me.


Asked on 4/28/01, 4:30 pm

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: criminal court decisions reversed

This individual may be prosecuted decades after the commission of the crime. Please go to the local police or sheriff that would have had juridiction of the matter at the time of their occurence.

There isn't much that can be done concerning the oldest son that killed himself except sue the individual civilly, see below at 422. However that still leaves you open to criminally prosecute the man. believe me their be plenty of evidence if they ever get a search arrant and search his residence.

If the police/sheriff can't spend any time on the case go directly to the D. A. and file a complaint yourself. How this is done I don't know. I do know that it can be done since it was done against a client of mine several years ago.

There is P. C. Section 422, which is terroist threats. And that is what was done to your child that killed himself. That's a slim possibilty that if you raise it you might get a criminal prosection on that charge also.

Please check with a couple of other attorneys on filing a civil lawsuit.

On criminal prosection, when all else fails, go to the D. A. directly. And let me know what you've learned if you get a chance.

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Answered on 6/18/01, 10:26 pm


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