I was not arrested but charged in 2008 can still sue

Asked about 1 year ago - Chino Hills, CA

i was charged in 2008 but not arressted

Attorney answers (3)

  1. Christine C McCall

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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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  2. Greg Thomas Hill

    Contributor Level 20

    Answered . 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.

  3. Michael Douglas Shafer

    Contributor Level 20

    Answered . Probably not. The statute of limitations has in all likelihood run out.

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