Is there a statute of limitations on being counseled?
This applies to USA...I don't know what the time limit is if any, but I do know this...I used to know a First Sergeant that the Army didn't write up for adultery until 8-9 months later when he committed another UCMJ violation. And his adultery was flagrant - taking his girlfriend to an Army ball and introducing her to everyone as such, among other things.
What is the statute of limitations on credit card fraud and/or identity theft?
My current husband found out through his previous divorce that his ex-wife forged his name to a credit card application, received the card and had breast augmentation surgery. Through the divorce decree she was deemed liable for this account and it states she would be in contempt if she fails to pay. The account is now in a bad debt/charged off status and we have hired an attorney to begin the contempt charges against her. My question is, even if we are successful in getting this account paid, how do we get it removed from his credit report? In order to have it removed, the creditor says that we would need a police report and would have to sign a fraud affidavit. Hasn't his time passed to file a police report if this took place 2 years ago and is she protected by the divorce decree because he gave her permission to pay the account? Now that she is not paying, remember the account is charged off? What can we do to get this off his credit report?
Statute of Limitations for Child rape/molestation in UT?
I was molested when I was in Kindergarten by my stepfather. I never told anyone and it only happened once. My family including my three little sisters and my mom lived with this man for 13 years. When my mom split with him he tried to get custody of my littlest sister. That's when we all started to admit what he had done. My aunt, my cousin and my little sister admitted what he had done.. I'm not sure how the legal system works, but there was no molestation charge brought against this man. We even had to go with caseworkers and describe on video what he had done to us. Now, after 10 years my sister and I finally talked about it. I have never heard anything worse in my life. She was molested and raped several times a week for years. Starting when she was about 6 until we moved when she was 11. She will be turning twenty one in January. I believe we formally gave police statements about eight years ago. This man is now remarried with a women who has three little girls. Is there anything we can do?
What's the statute of limitations on asking someone to back their claims with evidence?
The question in the details is different from the question posed. The question in the details is: “When someone asks for evidence and data about well-known facts, what is the appropriate response?” This is asked in the context of Quora. Since Quora is not in any sense a legal institution, the concept of a “statute of limitations” has no applicability.However, the question in the details is easy to address. The appropriate response, when someone asks for evidence and data, is usually, “Here is the evidence and data; see these links.”Another appropriate response is: “I don’t have evidence or data, but I consider this a well-established fact for the following reasons:” followed by a specification of the reasons.And a very rare, but appropriate response could be: “I double-checked, and you know what? I got it wrong, and here’s the correct assertion.”In terms of timeliness: I don’t get notice of every comment on my answers, so it is possible that a request could be made and I don’t see it. I think that a request for sources is pretty much always timely. There are a few situations where such requests are made in bad faith (Holocaust denial is a big one).
Texas statute of limitations for perjury in a civil matter?
Perjury or aggravated perjury? Lying in a civil trial is a criminal offense (aggravated perjury - if under oath). Sec. 37.02. PERJURY. (a) A person commits an offense if, with intent to deceive and with knowledge of the statement's meaning: (1) he makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath; or (2) he makes a false unsworn declaration under Chapter 132, Civil Practice and Remedies Code. (b) An offense under this section is a Class A misdemeanor. http://www.statutes.legis.state.tx.us/Do... Sec. 37.03. AGGRAVATED PERJURY. (a) A person commits an offense if he commits perjury as defined in Section 37.02, and the false statement: (1) is made during or in connection with an official proceeding; and (2) is material. (b) An offense under this section is a felony of the third degree. http://www.statutes.legis.state.tx.us/Do... Perjury is a misdemeanor so the limitation 2 years. Art. 12.02. MISDEMEANORS. (a) An indictment or information for any Class A or Class B misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. (b) A complaint or information for any Class C misdemeanor may be presented within two years from the date of the commission of the offense, and not afterward. http://www.statutes.legis.state.tx.us/Do... The limitation on aggravated perjury is 3 years. Art. 12.01. FELONIES. (7) three years from the date of the commission of the offense: all other felonies. http://www.statutes.legis.state.tx.us/Docs/CR/htm/CR.12.htm#12.01
Statute of limitation? If someone filed a police report and then the person filed against moved out of state and was never arrested nor knew about the report does that toll the statute?
Filing a police report doesn't really mean anything other than that someone made an official on-the-record statement to police.Whether or not the police (and the DA) decide to pursue criminal charges against that person is completely up to them.The statute of limitations is a time frame that is set on the police and the prosecutor to bring charges against an individual. Statutes of limitations are useful, as memories fade over time, and it simply isn't fair or just to attempt to raise criminal charges against someone after so much time has passed and recollections fade. The statute of limitations starts the day of the alleged act, and expires X amount of time from that date.In general, for criminal charges, if the person flees the state, the statute of limitations is tolled (the clock is stopped) for that charge. The person does not have to be aware of the charge in order for the charge to be tolled. In general, a statute of limitations can be tolled if:Plaintiff is a minor.Plaintiff has been deemed insane.Plaintiff has been convicted of a felony and is imprisoned; a major component of the AEDPA.Defendant is in bankruptcy.Defendant is not physically present in a state.Filing of an action which is later voluntarily dismissed.Parties were engaged in good-faith negotiations to resolve the dispute.(list courtesy Wikipedia)There is another statute that provides limitations on filing suit, called the statute of repose. Certain lawsuit categories have a statute of repose which bars the bringing of charges in certain circumstances. For example, in product liability law, a particular product may have a 10 year statute of repose (from the date of manufacture), so a claim cannot be brought against the manufacturer after 10 years since the date of manufacture, even if the statute of limitations (from the date of the injury) has not expired.
What is the statute of limitations on judicial malpractice by the Supreme Court? When does the option to impeach justices for lying about the First Amendment and Citizens United expire?
There is no answer to the first question because there is no option to impeach justices for “lying about the First Amendment and Citizens United” or “judicial malpractice”.Supreme Court justices may be impeached by Congress and removed by the Senate only if they can obtain the votes in those houses of legislature. This is a political process, so there is no statute of limitations.The standard for impeachment of a Supreme Court justice is exceptionally high, and cannot be based on the opinions that they issue, only on behavior surrounding their seat on the bench (such as corruption). Otherwise, Congress could simply impeach and remove a Justice in order to alter the court to be more politically supportive of their efforts — which is a clear violation of the principles of checks and balances.There has only ever been one justice who was impeached, but even he was not removed from office — Samuel Chase.Such things should not be taken lightly and not for frivolous reasons of disagreement with the Court’s opinions. To do so threatens the very foundation of our government.
Is there a statute of limitations on being charged with possession of heroin (less than a gram)?
Probably. It depends on how that crime is classified in the jurisdiction where it took place. Crimes are generally classified as misdemeanors or felonies (there are a few other variations here and there), and as belonging to a class within that classification, e.g. Class A felony, Class C misdemeanor. The statute of limitations (the time that passes between commission or discovery of the crime and the date someone is charged for the crime) is usually the same for all crimes within a certain class. This will be listed somewhere in that jurisdiction’s statutes.Don’t confuse statute of limitations on charges with the passage of time after a charge has been levied and an arrest warrant issued. Once a warrant has been issued, it’s valid until served or recalled. You don’t skate just because you were charged, then managed to go years without being arrested. I have personally served misdemeanor arrest warrants that were more than ten years old.In a possession case, the crime would likely be charged shortly after the possession was discovered. If you were arrested for that offense and just never went to court on it, there is likely an outstanding warrant for your arrest, and there will be until it’s served on you, or the court decides to cancel it.
California statutes of limitations on rape.?
I'm going to have to make some assumptions here. I assume that the victim was an adult. I assume that the offense happened recently. I assume that the question relates to the limitations period for filing criminal charges, not for filing a civil suit. Rape in violation of Cal. Penal Code section 261 has a maximum punishment of eight years. Penal Code section 800 provides that prosecution for an offense punishable by eight years (or more, but less than life) must be commenced within six years after commission of the crime. Additionally, under Penal Code section 803, if the identity of the perpetrator is not known, but is later established through DNA testing, the prosecution can be commenced within one year of that identification (assuming the DNA was analyzed within two years of the offense). There is no limitations period for offenses which are punishable by life imprisonment. Penal Code section 799. There are circumstances which can result in a rape being punished by life imprisonment, including kidnapping, burglary, infliction of great bodily injury, use of a deadly weapon or firearm, binding the victim, or more than one victim. Penal Code section 667.61. However, I believe that the statement that prosecution for such offenses can be commenced at any time is probably incorrect. Penal Code section 805, subdivision (a), says that in determining the limitations period, enhancements of punishment for the offense are to be disregarded. I think that the increased punishments listed in 667.61 are enhancements of punishment, and thus would not result in a change in the applicable limitations period, which would remain as six years. However, it does not appear that any judicial decision has directly address this issue. But see People v. Turner, 134 Cal.App.4th 1591.
When statute of limitations runs out on a sexual abuse case is it wise to appeal it?
In the US, to my knowledge there is no appeal to a statute of limitations judgement. The legislature would need to propose a new law lengthening the statute of limitations, but there is a prohibition on ex-post-facto laws affecting violations prior to enactment of the new law. I would talk to another attorney about this attorney's claim of appeal, it sounds fraudulent.