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Can you file a civil lawsuit even if its past a year?

San Bernardino, CA |

Ive been charged for false report to a police and spend a night in jail but they released me. DA reduced to Infraction for disturbing the peace "Loud Noise". Should i accept this? Or continue fighting and look for another lawyer? I have evidence that my ex gf assaulted me. I have medical records as a proof but they lied to the cop of this fake text messages she downloaded to her phone to disguised my text looks like i send to her that i hurt myself to put her introuble. Can i sue her and her friend for lying to the police. I have also an evidence now that she is an ex convicted felon and spend time in jail out of state for fraud,forgery and some other charges against her. The police also made a mistake for arresting me because im a victim and he even didnt call me back for some questions./

Attorney Answers 3


  1. The answer depends on who you want to sue. Generally, to file suit against a governmental entity (i.e. the police dept.) you must first file a claim within 6 months. As to claims against others, the statute of limitations for certain claims are 1 year and others can be 3 or more years. It just depends on who you want to sue and what your potential claims may be.


  2. You indicated that you have a lawyer. Ask him/her, that what you have a lawyer for. No attorney here is going to tell you what kind of plea deal to accept.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.


  3. There are many issues that needs to be considered. First and foremost in certain cases if you plea guilty , that would prevent you from seeking law suit against certain parties. Discuss this with the attorney that knows your case.

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