Criminal Charges resulting from Civil Action, SOL?

Asked almost 2 years ago - Traverse City, MI

The Statute of Limitations, say it's a one year SOL, you file a civil action within the year, it is found out that what the person did (that had the one year SOL) also violated another law (criminal charges possible), can you then file criminal charges if the one year SOL has run out?

Or would one have to specifically reserve the right to file criminal charges in the lawsuit itself, pending further discovery? So that it becomes legal evidence that you did something within the one year?

Attorney answers (2)

  1. Christine Marie Heckler

    Contributor Level 16

    Answered . If you uncover evidence of a crime during a civil lawsuit, present that evidence to your local prosecutor. Only a prosecutor can bring criminal charges against someone. In Michigan, the general statute of limitations for most (but not all) crimes is six years.

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of... more
  2. Robert A. Stumpf

    Contributor Level 19

    Answered . You can't file criminal charges, that's up to a prosecutor or district attorney.

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