Legal Question in Criminal Law in California

Can the DA in the state of CA still step in and press charges even if the minor who was 17.5 yo had sex with and got pregnant by a 30yo more than 5 yrs ago DOES NOT want to press any charges?

Asked on 1/12/13, 6:48 pm

3 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

Yes because it is the People vs the defendant....Many prosecutors take into account witness cooperation but victims don't press charges

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Answered on 1/12/13, 7:23 pm

Edward Hoffman Law Offices of Edward A. Hoffman

Barring some unusual facts, the statute of limitations has already run and the defendant can no longer be prosecuted.

Mr. Green is right that it is prosecutors, not victims, who decided whether to prosecute. They often take the victim's desires into account when deciding what to do, but it is quite common for them to prosecute against the victim's wishes. If this crime were more recent, the D.A. probably would bring charges. But if the charge is time-barred, he will just let it go.

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Answered on 1/13/13, 2:58 pm
Terry A. Nelson Nelson & Lawless


Welcome to the real world, where statutory rape, sex abuse and other crimes are actually prosecuted and punished by prison time, instead of the fantasy TV land where anything is ok if feels good.

If the DA files within the Statute of Limitations, someone will need a good lawyer.

BTW: the minor has until their 26th birthday to file a civil lawsuit for damages against the perp.

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Answered on 1/13/13, 9:18 pm

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