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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19179
Experience:  Criminal law experience in both JAG and the civilian sector.
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does the statue of limitations apply to incident date or file

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does the statue of limitations apply to incident date or file or refile date?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Are you talking about a civil case or a criminal case? Because that changes the function of the statute of limitations.

Customer: replied 4 years ago.

criminal, they had dropped a possesion charge and refiled it later, 4 years later.

Ok. The statute of limitations runs from the date that the political entity, the state, discovers the criminal offense.


It doesn't run from filing.


Now, if this is a misdemeanor level possession, they are beyond the statute of limitations of 1 year. If it is, however, a class 2 through class 6 felony, the statute of limitations is 7 years.

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