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


    Contributor Level 20


    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.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
  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.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

27,554 answers this week

3,050 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,554 answers this week

3,050 attorneys answering