Ellery Stuart Sorkin
Ellery Stuart Sorkin, Criminal Defense Attorney - Van Nuys, CA
Posted over 3 years ago.

I agree with Matthew, but - even further - the Statute prevents us from having to remember incidents for more than (generally) 1-3 years, and having to locate witnesses whose recollections have also grown dim. I don't want any statutes of limitation extended; they're too long as it is.

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Asker
Posted over 3 years ago.

You make a good point; however, I will contact the states representatives to start a state petition to extend the statue of limitations for this specific case.

The reason being is because I got accused for sexual battery inside of a library in 2007. This lady alleged that I pinched her ass. One this for sure, I did not do it. In addition, this lady was twice my age; she was old.I don't mean to offend any of you here, but I don't think someone in his earlier twenties try something like that to some women which appears twice as old. Two, I didn't even see the lady that made the alleged comment to the librarian.

Even though I stated to the poice that I did not commit the crime, I was still taken to jail.

My petition under 851.8 was denied for an unknown reason. The judge never told me why though. I'm confused as today, the DA indicated himself that they denied prosecuting based on insufficient evidence.

Matthew Murillo
Matthew Murillo, Criminal Defense Attorney - Redlands, CA
Posted over 3 years ago.

I'm confused now. Why would you want to extend the statute of limitations? If the DA rejected the case, and you are outside the window of when a charge is allowed to be brought, you've won. Nothing can be brought against you anymore. Why would you want to allow the "victim" more time to do something?

Maybe your misunderstanding the statute. Maybe the judge did you a favor by denying your motion. Feel free to give me a call if you want to discuss this further.

Deirdre Lynn O'Connor
Deirdre Lynn O'Connor, Criminal Defense Attorney - Torrance, CA
Posted over 3 years ago.

Mr Murillo--I think you have misunderstood the question. The asker wants to extend the SOL for P.C. 851.8 because he was denied his Petition for Factual Innocence as untimely. He is NOT asking to extend the SOL for the prosecutor to file charges AGAINST him.

Matthew Murillo
Matthew Murillo, Criminal Defense Attorney - Redlands, CA
Posted over 3 years ago.

Ms. O'Connor: I think you're right. It all makes sense under your interpretation. Thanks for clearing that up.