What are the statues of limitations in cleveland,ohio,cuyahoga county for domestic violence?

Asked over 1 year ago - Cleveland, OH

the arraigment is for 7/2/13 if the original date of offense was 9/19/12 but the filing date was 6/07/13 and the inmate is already serving time for a prior case of domestic violence,criminal damaging,attempted burg. which he is supposed to be released on 12 10,2013 can he still be charged after all this time and did the state pick it up or did the victim file?also can it be thrown out?what does a summon mean by certified mail?

Attorney answers (3)

  1. Cathy Rose Cook

    Contributor Level 9

    1

    Lawyer agrees

    Answered . I agree with the first answer. While the person claiming domestic violence can initiate a complaint, the state of Ohio is who prosecutes the case through the local county prosecutor's office. The defendant will need to have his attorney obtain discovery to determine the basis of the charge to see if there is a basis to ask for dismissal.

  2. Donald Michael Gallick

    Pro

    Contributor Level 16

    Answered . Your question and dates don't really explain what your question is; however, if it is a first-degree misdemeanor charge of domestic violence, the statute of limitations is two years. If it is a felony charge, then the statute of limitations is six years.

    If someone allegedly committed first-degree misdemeanor on September 19, 2012, the statute of limitations would not run until September 19, 2014.

    Domestic violence is a very serious offense -- not just because of potential fines, court costs, and incarceration, but also because a domestic violence conviction will "Brady disqualify" someone (they will never be allowed to own a firearm in the future) and many possible employment opportunities will be barred. A first-degree misdemeanor (or felony) domestic violence convictions cannot be sealed/expunged. This is very serious business, hiring an experienced criminal defense attorney should be the immediate priority of anyone charged with a domestic violence offense.

  3. Zachary Douglas Mayo

    Contributor Level 10

    Answered . If the person has already been convicted of domestic violence a new charge of the same would be enhanced to a felony of the 4th degree. In that case, the statute of limitations would be at least 6 years. It also makes it more likely a prosecutor would pursue the charge. DV charges are very rarely dismissed and the complaining witness's wishes for dismissal are not given much weight. Factoring in that this is probably a felony makes a dismissal even less likely.

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