If an incident happened May 4 is it legal for the reporting party to write a statement May 12 and they arrest you may 13?

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If an incident happened May 4 is it legal for the reporting party to write a statement May 12 and they arrest you may 13?

My son is on curfew and they’re saying he broke his curfew which he didn’t. He ran back inside when he was told he was under arrest, so they’re trying to get him for another curfew violation. I don’t see how this is possible if he never left the house and turned himself in with me later that night. He did resist arrest, but he said they never told him they has a warrant, now do they have to show a warrant? the officer said no that they dont’ even have to show a search warrant anymore.

Asked on May 28, 2009 under Criminal Law, New Hampshire

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The general rule is that as long as a crime is prosecuted within the statute of limitations, a statement may be taken and an arrest warrant may be generated at any time after the alleged crime.  Since the incidents that you have described all took place within a two week period, it does not appear that there was any misconduct with respect to when the incident was reported and when your son was arrested.  

In my opinion, the more important issue here is whether your son did, in fact, violate his curfew.  The electronic monitoring devices used by the state malfunction and are often unreliable.  If your son was, in fact, home at the time of the alleged violation, a skilled attorney should be able to demonstrate to the prosecutor that no violation occurred by, 1) hiring an expert to generate a report and/or testify with respect to the malfunction or unreliability of the monitoring device in this instance, and 2) gathering statements and other evidence (such as an affidavit from each of your son's family members stating that he was home at the time of the alleged violation) to corroborate the expert's theory that the monitoring device did, in fact, malfunction.


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