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  1. #1
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    Sep 2009
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    Default DNA Statute of Limitations in California

    My question involves criminal law for the state of: California

    I you are detained in California by DNA testing and the rape ocurred in February of 1991 is there a statue of limitations that should be enforced? If not what is the maximum amount of years that has to be served.

  2. #2
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    Default Re: DNA Statute of Limitations in California

    Quote Quoting Prorita
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    My question involves criminal law for the state of: California

    I you are detained in California by DNA testing and the rape ocurred in February of 1991 is there a statue of limitations that should be enforced? If not what is the maximum amount of years that has to be served.

    What do you mean by "detained" and since 1991???

    No trial, no conviction? I don't understand.

  3. #3
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    Default Re: DNA Statute of Limitations in California

    Quote Quoting BOR
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    What do you mean by "detained" and since 1991???

    No trial, no conviction? I don't understand.
    I am so sorry I did not explain this very well.

    August 2009 the person was arrested and told that DNA evidence had linked them to a rape which happened in February of 2001 in California. They are presently in a jail in California facing charges. My question is - Is there a statue of limitaitons on DNA evidence or even on the rape charge? He has a court appointed lawyer who only says he must do life for the charges against him which are: rape by force, burglary, oral cop, and sexual battery.

  4. #4

    Default Re: DNA Statute of Limitations in California

    The statute of limitations is ordinarily 10 years, BUT Sec. 803(g)(1) permits a criminal complaint to be filed MUCH later: “within one year of the date on which the identity of the suspect is conclusively established by DNA testing” - even if that establishing occurs 20, 30 or even 40 years later, if certain conditions are met. And, an appellate case on this topic (Birotte v. Superior Court ) just concluded on the 8th of this month, where the court found that:

    "The extended one-year statute of limitations on crimes solved by DNA evidence begins to run when most of the work necessary to present the evidence at trial has been completed, not when the evidence first identifies a suspect."

    In other words, it doesn't matter when the crime was committed, it matters when the DNA evidence testing has been completed and is ready for trial. THAT is when the clock starts ticking.

  5. #5
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    Default Re: DNA Statute of Limitations in California

    So in other words if police compliled a DNA profile in 2001 but the case remained domant until march of 2005 with a new investigation. Then in 2005 police sent fingerprints from another rape which occurred in 2000 in for analysis that were found out to match. They can hold this over until July of 2009 when the print matched the suspect.

  6. #6
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    Default Re: DNA Statute of Limitations in California

    Quote Quoting Prorita
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    So in other words if police compliled a DNA profile in 2001 but the case remained domant until march of 2005 with a new investigation. Then in 2005 police sent fingerprints from another rape which occurred in 2000 in for analysis that were found out to match. They can hold this over until July of 2009 when the print matched the suspect.
    As long as they comply with the law as posted, it is a legal prosecution.

    Some states even have what are known as "DNA warrants". IOW, they put out an arrest warrant for John Doe based on his DNA, therefore the charge remains alive, no SOL.

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