Legal Question in Criminal Law in California

My husband was put in jail because of a report that was made by an old neighbor that he COULD have taken a water heater from their property,granted at this time we were no longer living there (we moved to Oregon), in 2008 (6 years after the claim was made) he was pulled over for a traffic violation and put in jail because of this alegation (news to us) he was treated terrible and spent the weekend in jail, he is not a criminal in any way, he has a misdemenor from when he was 18 on his record, at the time he was 40 when arrested. Now it has been 2 years and my husband is still reeling about it, is their anyone we can sue for his distress, is their a statute of limitations?( once the DA in California realized what the charges were, all the charges were dropped, but that doesn't take away the fact that my husband was humiliated) thankyou in advance


Asked on 8/04/10, 1:31 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Statute of Limitations on claims against a private person [such as false report or slander] would be no more than two years from incident. Claims against any govt agency or employee would be no more than 6 - 12 months from the arrest. His arrest was made only as a result of a police report made by the neighbor, which was reviewed and approved by both the police and the DA for filing of criminal charges in court, and a warrant was issued by the court after review of the filing. All those people believed from the facts stated that a crime had been committed, and that they could convict on those facts. You don't know what those facts are unless you obtain a copy of the police report and the Complaint filed in court. The latest DA simply made a decision not to prosecute when reviewing the case recently Passage of time had some impact on that decision. There appears to be no valid basis for any action, other than a potential to get that record 'sealed' through proper motion to the court.

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Answered on 8/09/10, 2:18 pm
Anthony Roach Law Office of Anthony A. Roach

The time for him to do anything to the county has run. A claim must be presented to a public entity within 6 months of the injury or "incident" in jail, and the fact that charges were pending does not toll the time to file a claim.

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Answered on 8/16/10, 12:46 pm


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