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If I sue in federal court for Malicious prosecution false arrest statue of limitations when does the 4 year clock start to run

Orlando, FL |

in a civil lawsuit does it start after the state nolle prosequi or from the time the state files the information or the day of the arrest? Happy Fathers day

Attorney Answers 2


Your right to sue on a malicious prosecution case begins when the elements of the cause of action have been satisfied. This means that the statute of limitations begins to run when the court finds in your favor and against the state.

This answer does not establish an attorney client relationship and is just my opinion based upon the limited facts presented.

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When the prosecution is over, by nolle pros in your case, the SOL on your lawsuit begins to run. You can say it begins to run when you knew, or should have known, that the malicious prosecution charge is made possible by the end of your case with a drop or nol pros. Good luck.

The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.

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