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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Im not even sure how to ask this. Is there a statue

Resolved Question:

I''m not even sure how to ask this. Is there a statue of limitations on when a law enforcement agency can request a probable cause hearing and send someone for a psych eval? Doesn''t there need to be a new criminal charge in order for that to be done?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  Ely replied 9 years ago.

In general, a law enforcement agency has two years on a misdemeanor and three years on a felony in which to charge you. Murder and manslaugher and rape have not limitations. A few other crimes have various limitations dependinf on the case.

Now, they do need to have a criminal charge filed against you before the probable cause hearing.
Customer: replied 9 years ago.
Reply to Ray's Post: you stated that there are exceptions to the statue of limitations on felonies, depending on what the crime was. I'll try to give you a quick run down so you can provide a clearer answer.

Person in question served time for a sex crime he did not commit and was released over 10 years ago. In 1/08 he was sent back to prison to serve 90 days for a parole violation. (lawsuit to be filed later for that issue since it was manufactured) He served 90 days and then was given a probable cause hearing which sent him to a psych hospital for eval. No new charge has ever been filed. No new eval was done but Dr. submitted a CSR with a diagnosis that has no evaluation to back it up. He submitted old original CSR (which was NOT negative) and added a paragraph to make it his own report. (I believe that constitutes as fraud). If this diagnosis is to be accepted as true,(which I refuse to accept) why was he released from prison 10 yeas ago if he was deemed a continued threat to society? The diagnosis could put this person in prison for quite some time. Since then, he has seen another psychiatrist who is astounded that this was allowed to happen, he refutes the diagnosis completely and believes this to be a "punishment" for pissing off the wrong person in the parole office. (his words)There are SOOOO many things wrong with this case that will be addressed in future lawsuits but I just want to get this CSR dismissed and get this person home. Do you think we have a case?
Expert:  Ely replied 9 years ago.
Yes, yes I do.
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