Skip to main content

I was not arrested but charged in 2008 can still sue

Chino Hills, CA |

i was charged in 2008 but not arressted

Attorney Answers 3


  1. 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.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.


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


  3. 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.