Can someone file a police report weeks after the accident? 8 Answers as of August 04, 2011

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?

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
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.
Answer Applies to: California
Replied: 7/28/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
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.
Answer Applies to: California
Replied: 7/28/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Of course!
Answer Applies to: California
Replied: 7/28/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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.
Answer Applies to: California
Replied: 7/27/2011
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