i was charged in 2008 but not arressted
Administrative Law Lawyer
The statute of limitations is likely to have elapsed unless there are very extreme and unusual facts that caused you to be unable to bring your claim in the statutory time frame.
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Criminal Defense Attorney
It matters. From your question, I believe you are thinking of suing for abuse of process. The statute of limitations for such a civil cause of action is one year. However, the statute is tolled if you are incarcerated. Were you convicted and then did you spend time in prison, such that less than one year of time has passed once your time in jail or prison is subtracted? If so, then you may be able to sue.
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