Cold Spring, NY Criminal Defense Law Firms & Lawyers

That is a complicated question. It requires a much more detailed review of the specific facts and law of the situation. The answer can be yes or no depending on those facts and law, and might differ as to each of the children. Generally, however, under the right circumstances, charges for a child molest can be filed 10 years after the incident occurred; I have seen cases filed over 20 years after the alleged incidents occurred. It also depends on the particular state in which the acts are alleged to have occurred as the statute of limitations (as well as the reporting duties of any counselor) and applicable law vary from jurisdiction to jurisdiction. Grandfather would be well advised to talk to a good criminal defense attorney as soon as possible, and certainly before making any statements to the police or other investigating agency.

No the case won't be thrown out. Miranda rights only has to do with the admissibility of statements made by a defendant and whether or not the prosecution can use statements at trial.