I found out that a person was illegally wiretapping my telephone seven years ago. I have proof of this. My understanding is that the statute of limitations of criminal prosecution for wiretapping at the federal level is five years after the offense occurred. However, at the time this individual was wiretapping my telephone somebody else had known about it and called the police on him. When the police approached him he blatantly lied to them many times about all allegations of the wiretapping. My understanding is that lying to the police is obstruction of justice and that obstruction of justice leads to an extension of the statute of limitations. In this situation can I still file criminal charges against him and have the statute of limitations extended because he lied to the police?
You can't file criminal charges. The most you can do is call the police or file a police report.
I am not your attorney. Avvo and its users acknowledge that no attorney-client relationship is established by using avvo.com. Nothing published in this website constitutes actual legal advice. You should consult with an attorney of your choice who has experience in your inquired field of law. If you are in California and have questions about estate planning, I'd be happy to receive your call.
Mr. Smith is correct. An individual cannot file criminal charges.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
An individual can always make a report to the police or prosecutor's office. However, in this situation, I doubt if either will take any action due to the amount of time that has passed since the alleged violation. The statute of limitations can be extended in civil fraud actions beginning with the time that the fraud actually is (or should have been) discovered but I do not believe that applies to criminal cases.
It all comes down to WHEN you had noticed for the wiretapping. I'm not sure if lying to the police extends the statute of limitations, but even if it does, I don't think it would apply if you had notice prior to the lie. Also, privacy invasions don't necessarily amount to the standard for criminal charges. I'm pretty sure this is more of a civil matter. Speak to a lawyer about which, if any, of your privacy rights were violated and see where to go from there. Hope this helps!
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline