Statute of Limitations

[tom2]

What is the name of your state? California

I wanted to know the statute of limitations for filing a False Imprisonment case in California. The imprisonment occurred approximately 1 ½ years ago, and I have lived in Florida for approximately 1 year. Thank you for your time.

 

[CdwJava]

What is the name of your state? California

I wanted to know the statute of limitations for filing a False Imprisonment case in California. The imprisonment occurred approximately 1 ½ years ago, and I have lived in Florida for approximately 1 year. Thank you for your time.

False imprisonment by a private person? This is generally a crime with a 1 year SOL (for filing CRIMINAL charges).

If you are talking about wrongdoing by a government or police official, you would have to speak to an attorney who practices civil law or abuse and wrongful imprisonment cases ... but I suspect that the time on this has passed as well.

What are the details?

- Carl

 

[tom2]

False imprisonment by a private person? This is generally a crime with a 1 year SOL (for filing CRIMINAL charges).

If you are talking about wrongdoing by a government or police official, you would have to speak to an attorney who practices civil law or abuse and wrongful imprisonment cases ... but I suspect that the time on this has passed as well.

What are the details?

- Carl

Thank you Carl.

I thought it was one year, but I have read that there are exceptions in civil cases (living out of state, mental state...)

It would be against the County of Sacramento. I had received a warrant by mail. I had been to the warrant office 2 months before, because I had decided it was time to take care of some unfinished business for a 2nd offence DUI in 1999. So, I didn't think much about this warrant because I knew I had done nothing wrong in the previous 2 months. I failed to understand that the bail had a 0.00 amount. I went to the office on a Friday morning. In short I was detained until Tuesday when I could see a judge. I had retained a lawyer, and was released Tuesday afternoon with a new court date. After 3 court dates, the judge dismissed the case because the court couldn't find my records. They couldn't explain what the warrant was for, why it was issued.... The court that originally issued the warrant had been closed for some time.

Thank you again.

Tom

 

[CdwJava]

Well, it may be tough to sue them for a clerical error, and getting an attorney to take the case might be tough. Three days in custody based on the warrant is not likely to get too many attorneys in the area excited. The payout is just not likely to be there.

What court issued the warrant? You said the court hadn't existed in a long time?? I am not aware of any Superior Courts that have ceased to exist.

Your custody was lawful due to the warrant. So there is no false imprisonment action there. If there is any action at all it MIGHT be had against the court that originally issued the warrant if it should have been withdrawn. But unless the warrant was knowingly entered in even if it was not valid, or knowingly served when it was known to be invalid on its face, I don't see any action.

- Carl

 

[tom2]

Thank you very much Carl.

That was the info I was looking for. I appreciate you taking the time to explain the reasoning.

Thanks again,
Tom