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

Bronx, NY |

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

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Posted

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.

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Posted

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. You should not take action based upon this information without consulting legal counsel. This answer is not intended to create, and does not create, an attorney-client relationship. PLEASE REMEMBER: All claims and legal matters have statutes of limitations and/or other important time periods that apply to them. This means that you must take action on all claims or legal matters within the required time period(s) or your claims could be barred by the statute of limitations or dismissed. Contact our office or another competent attorney immediately to discuss the particular facts of any claim or legal issue you might have in order to learn what time periods apply to your particular situation.

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Posted

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. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Tatiana Neroni

Tatiana Neroni

Posted

Only under federal law, to qualify for the 3-year statute of limitations, the lawsuit will be not for "false imprisonment", but under 42 U.S.C. 1983 for an unreasonable seizure in violation of the 4th amendment.

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