What is the statute of limitations for false imprisonment in the state of NY?

This occured in August of 2011, i think the statute was only 3 months, hopefully i'm wrong

Bronx, NY -

Attorney Answers (3)

John M. Cromwell

John M. Cromwell

Criminal Defense Attorney - Bronx, NY
Answered

For a misdemeanor prosecution must be commenced within 2 years after the commission thereof; 5 years for a felony (other than a class A felony). Once the prosecution is commenced, misdemeanor defendant must be brought to trial within 90 days, 6 month for a felony (excluding murder) but many exclusions stop the clock.

Daniel DeMaria

Daniel DeMaria

Federal Crime Lawyer - New York, NY
Answered

The statute of limitations for you to sue would be one year pursuant to N.Y. C.P.L.R. § 215(3). Depending on the facts, the limitation period may have tolled and so you should contact an attorney to discuss the specific facts of your case. I note that my colleague provided you with the statute of limitation for criminal prosecution and I agree with his answer with respect thereto.

Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
Eric Edward Rothstein

Eric Edward Rothstein

Criminal Defense Attorney - New York, NY
Answered

I assume you mean civil. If you want to sue the city/police you need to serve a notice of claim within 90 days of the arrest (its actually 90 from release from custody) and the statute of limitations is one year and 90 days although it is best to file within 1 year, which is the statute of limitations for a private person. There is also a 3 year statute of limitations under federal law and it does not require a notice if claim. I handle these cases.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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