QUESTION
Can someone file a police report weeks after the accident?
Asked on Jul 27th, 2011 on Criminal Law - California
More details to this question:
If I have an accident and my license is expired and my friends car ended up without insurance that was valid . Can the other person file a police report two or three weeks later and get me in trouble?
7 ANSWERS
Anthony Lowenstein
It depends on several factors.
Answered on Aug 04th, 2011 at 9:46 AM
Yes and no. The person that was in the other car can file a complaint not a police report. That can be filed up to a year after the accident. Whether the police recommend charges be file and the DA files charges is another matter. You need an attorney to monitor this as it moves through the system.
Answered on Jul 28th, 2011 at 1:58 PM
Yes, a witness to a possible crime can make a police report at anytime they choose. The question is whether the DA will prosecute you for the crime. It seems in this case if in fact you were driving without insurance and had an accident and your CDL was expired there is a very good chance you will be prosecuted despite the delay in the report.
Answered on Jul 28th, 2011 at 12:33 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Of course. A victim can file a police report anytime. However, prosecutors face a statute of limitations problem if they try to file criminal charges more than a year after a misdemeanor crime. Felonies have much longer limitation periods. If you are contacted by any police or other investigators, hire an attorney, and exercise the 5th Amendment right to shut up and do not talk to ANYONE about the case except an attorney. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.
Answered on Jul 27th, 2011 at 2:50 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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A police report can be submitted at just about any time. The reports are then forwarded to the DA's office for review. While time alone may not prevent a police report from being taken, it will affect the decision of the filing DA on whether or not to file a complaint.
Answered on Jul 27th, 2011 at 2:36 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes.
Answered on Jul 27th, 2011 at 2:35 PM