CALIFORNIA LAW! i need your help AGAIN lawyers

Question

So my question is now this, if you have been falsely ACCUSED. now this has been over a year and a half ago and never been charged, no files charged in CALIFORNIA how long do you have to press charges against the people who falsely accused you? in texas you have 2 years. If you can help me out that would be great!!

Answer 1

To file a criminal charge against someone, that person must have committed a crime, and making an accusation about someone that turns out to be false may or may not be a crime.  If the person made  false statement to police or a government agency, then that is a crime. Same is true if they filed a police report knowing that the contents of the report was false. In both cases, that person must know that the statement they are making is false. If they believe in good faith that it is true when it is not, there still is no crime. Generally, you should be able to press criminal charges against anyone when you discover a crime has been committed. Whether the police will act on it is a whole different story. If you knew about this 'crime' three years ago and just now you decide to press charges, chances are they will ignore you.

Answer 2

False accusation charges are exceptionally difficult to win.  

In order for Malicious Prosecution you need to have been charged with a crime, you need to have a criminal trial, you need to win that criminal trial, and you need to show that prosecution has been done in bad faith (as in, the person who prosecuted you knew you were innocent but just didn't care).

Accusers are generally immune from prosecution as a matter of public policy.  The only exception is when they acted in bad faith (as in they filed charges for some reason other then the pursuit of justice/stated claim).

If it's been over a year and a half ago and there have been no charges filed, I question what exactly your damages are?  No damages generally mean no law suit.  

Answer 3

I won't give you a time frame.. if someone filed a report against you, and you have never been charged.. it is nothing more than a REPORT. It is not "charged".  thus.. to 'contest' it (for lack of better word), YOU then report that they filed a false report. Neither one of you is pressing any charges.. only police or the DA prosecute anything.

Since you have not been prosecuted for the report..then it seems clear that the police also found it was not valid.  

There is a difference between someone filing a report that is KNOWINGLY false.. and a report that someone makes in good faith, but the police won't press charges.  In other words.. if the police did not prosecute you, it does not automatically mean that it did not happen.

You need to discuss this with wherever the report was filed, but be sure first, that YOU have enough proof of what you are saying. Otherwise, it may look like you are just doing a payback.  

Answer 4

here to help attorney at law