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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102143
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the statue of limitations state Training and

Customer Question

What is the statue of limitations for the state Training and standards to bring a civil action for officer misconduct were no charges were filed and this happen 13 years ago with the SBI conducting the investigation?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

This depends. Can you please tell me what has happened and the nature of the misconduct? The more you tell me, the better I can render an answer.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
While working as a narcotics officer the officer misused buy money to purchase items for himself NC SBI conducted and investigation and the officer resign but paid back the money no charges were filed and 13 years later the NC Training and Standards board are filing a civil state to revoke the officers certifcation
Expert:  Ely replied 1 year ago.

Thank you.

1) Statute of limitations apply to civil or criminal cases, only.

2) For example, in civil, if they pursued this under a claim for "unjust enrichment," they can only do so in 3 years after the event. G.S. 1-52(9).

3) In criminal matters, there can sometimes be no statute of limitations at all. N.C. Gen. Stat. § 15-1.

4) However, this is neither a civil or criminal matter. This is an administrative matter, meaning an action is being brought by an agency against someone's license not in a court of law, but under its own internal rules. As such, no statute of limitation laws apply. They can technically do this at any time, including 13 years later, I am afraid. While this makes the argument weaker since so much time has passed, it is still true that they can attempt to do this.

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