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Statutes of Limitations

The concept of a Statute of Limitations is to prevent someone from charging another of a crime or civil liability long after the memories have faded. Ask your questions here about the time limits associated with various legal actions.

3,254 Questions

What causes a mistrial?

A mistrial is when something happens during your case's trial that renders the trial invalid through some type of error.

For instance, if the jury can not come to a verdict, or if someone working on the trial did something or didn't declare something that is against the ethics of the court/law.

Example:Someone on the jury knew the defendant or plantif, or had a resentment or connection to the case or the law in general.

Or maybe one of the attorneys is doing something unethical, and etcetera.

You are NOT found innocent and/or the case is NOT dismissed if a mistrial is declared. It simply means the prosecution now has to start all over, and a new trial and jury has to be created, and is often now hindered greatly.

It is REALLY GOOD news if you're the one being charged in the trial (usually).

What is statute of limitation for credit card debt in California?

California has set the statute of limitations at 4 years. A credit card is an open ended account. That will be from the last communications from the debtor. Please note that the credit card may be based on a different jurisdiction which could be longer! Check your agreement for the applicable jurisdiction.

How long must you retain IRS federal tax returns?

Federal laws specify how long you must retain the documentation to support the filing of income tax returns.

For most taxpayers, this period is three years from the original due date of the return or the date the return is filed, whichever is later. For instance, if you filed your 2006 Form 1040 April 17, 2007 or sooner (disregarding the extended NE "storm" due date), the IRS has until April 17, 2010, to audit the return and assess a deficiency if necessary.

The statute of limitations period extends to six years if a return includes a substantial understatement of income (defined as omitting income greater than 25% of the amount reported on the return). There is no statute of limitations if a taxpayer fails to file a tax return or commits fraud. A taxpayer is considered to have committed fraud if he/she submits a false return or if there is a willful attempt to evade tax.

If a required return is not filed, the records must be kept forever, as the statute of limitations does not begin until the form is filed. Failure to keep adequate records is a separate violation from failing to pay or to file.

There may be non-tax reasons to retain these records. If you are unsure you should contact a financial advisor and/or tax specialist.

What is statute of limitations on a Court case ordered dismissed without prejudice?

The statute of limitations on a case dismissed without prejudice should be the same as the statute of limitations for the charges. Being dismissed without prejudice just means either the plaintiff or the state has dropped the case for now, but still have the right to bring it back. For example, if they dismiss a murder case without prejudice, there's no statute of limitations. They can bring it back at any time. For personal injury, the length varies by state. It could be anywhere between 1-6 years where they could bring the case back. Check the charge number for your state. You could probably Google "statute of limitations (state) (charge)". Many states list their statutes online. Hope this helps

What is the statute of limitations for unpaid internet payday loans in the state of Ohio?

Payday loans are based on a written agreement or promissary note. In Ohio the statute of limitations is fifteen years.

What is the statute of limitations on receiving stolen property?

the only crime that holds a statute other than 7 years is murder. so, 7 years.

What is the statute of limitations on property damage in South Carolina?

South Carolina's statute of limitations are very basic and simple. They have decided that no statute of limitations shall apply to any crime. Assault charges can be brought at any time in the lifetime of the accused perpetrator.

What is the statute of limitation in KY for assault?

It will depend on whether or not it is a felony. Kentucky would typically consider assault as a felony, but it could be a lessor crime. As such, Kentucky has no statute of limitations for felonies.

What is the statute of limitation for selling a illegal firearm in Ohio?

Not enough information is disclosed about the incident. The fact that it is FELONIOUS assault indicates theat the prison term will be at LEAST one year in state prison. Other than that there are too many unknown variables (e.g.: what weapon was used - how badly was the person injured - what kind of record does the perpetrator have - etc - etc).

Is there a statute of limitations for Maryland State income tax liens?

I do not know but we are in the state of Georgia

I suspect your in the State of confusion more than anything! Each type of tax, (there are zillions of different types, by different jurisdictions), and the events/ method used to cause the lien, which may be against some type of property or generally, etc., all can change the answer.

Federal law would be the same for all States. Federal law may not have any effect on a tax due to a State income Tax. State law may not apply to a local property tax. And, your still accruing interest, etc., that starts today...whats the SOL on it?

And most importantly, tax liens, generally, don't actually have an SOL. They end once they are paid. If on a property, that will be when they get paid so it can be sold, and eventually they can (and will) force the sale. In general, eventually they may (and normally can) force the sale of some asset you have to pay it off. However, I suspect you may be thinking about what the SOL is for assessment of a tax. A different thing, but still varies by all the things...which tax, where, how it is handled, what was filed, what wasn't filed, etc. And, almost all SOLs only start to run once a return is filed....so if you never filed a return, the SOL is essentially forever.

Most liens are in force for 10 - 20 years initially, but can be renewed eqasily, almost automatically.

What is the statute of limitations for medical malpractice in Virginia?

The statute of limitations in Virginia for medical malpractice is two years from the date of malpractice. The state's law is a bit harsher than most other states as it does not include "the discovery rule."

What is statute of limitations for class a misdemeanor in Indiana?

yes, IC 35-38-2-3...it must be filed during the probationary period or the earlier of the following: 1)

ic 35-38-2-3 state it must be filed during the porbationary perior or before the earlier of the following: 1) one year after termination of probation or 2) 45 days after state receives notice of the violation

Is there a statute of limitations for collecting child support in Massachusetts?

Massachusetts Statute of Limitations

Below is a list of the types of contracts and statutes of limitations for Massachusetts.

1. Written Contract: 6 years

2. Oral Contract: 6 years

3. Injury: 3 years

4. Property Damage: 3 years

Source: Mass. Ann. Laws ch. 260, § 1 et seq.

What are the Kansas statute of limitations?

Statute of limitations in Kansas is two years for personal injury cases, two years for wrongful death cases, and two years-from the date of discovery or illness or injury for medical malpractice. The article below goes into more detail on statutes of limitations.

Does minnesota always extradite people who have felony warrants?

Every State has in "inter-state compact" when it comes to extradition. What really matters to you is the severity of the crime. Each warrant is different. Unless its a very serious crime your being sought for, I wouldn't worry about it.

To be more specific, Minnesota is quite lenient in these matters. Unless the crime is a violent crime or a crime against a person, most warrants handed down by Judges as a result of a complaint filed will state "Execute in Minnesota Only" "Do Not Extradite" There are some that are a bit more serious but not to the level of violent or crimes against a person in which a warrant issued can say "Execute in Boarder States" And ALL warrants in Minnesota have territorial Limits that prevent the execution of a warrant on Federal Reservations (i.e. Indian Reservations) In these cases, cooperation is required by the Reservation Police.

Is there a statute of limitations for theft in North Carolina?

Yes, there is a statute of limitations for theft in North Carolina. If it is a felony or a malicious misdemeanor, there is no limitation. If it is another type of misdemeanor, it would be two years.

What is the statute of limitations on settling an estate in California?

There is no set amount of time. Nine months to eighteen months should be anticipated, but any amount of time over one year may require justification to the courts,

What is the statute limitation for debt collection in Alberta?

The Federal Government and the Provinces have Limitation Acts which provide a limit on the time an unsecured debt survives. The Alberta Limitations Act sets 2 years as the term. Under this legislation collection attempts must be attempted within either (i) two years after the person making the claim knew or ought to have known of the claim, or (ii) 10 years after the claim arose, whichever period first expires.

What is the statute of limitation for property theft in Texas?

Article 12.01 Felonies. Texas Code of Criminal Procedure:

(4) five years from the date of the commission of the offense: (A) theft, burglary, robbery; (B) kidnapping; (C) injury to a child, elderly individual, or disabled individual that is not punishable as a felony of the first degree under Section 22.04, Penal Code; (D) abandoning or endangering a child; or (E) insurance fraud;

Statute of limitations for medical malpractice suits in floroda?

For medical malpractice it is only 2 years as is slander and libel. The statute of limitations for other civil cases in Florida is 4 years. There may be extension based on when the injury was discovered. Consult an attorney in Florida for your situation.

What is the statute of limitations for parking tickets in California?

There really is none. A traffic ticket does not expire and is not subject to a statute of limitations. The statute of limitations is to prevent one from being accused of a crime when the witnesses may no longer be available and defense difficult. In this case, you have already been notified of the violation and have not defended against it in the time allotted. A traffic ticket is a notice of violation. Some jurisdictions will stop trying to collect, or declare on amnesty on tickets on a specific time frame.

What is the Civil Statute of Limitation for recovering personal injury damages from an aggravated assault in Florida?

It depends on the type of claim involved because there no single statute of limitations. For example, Florida has a 4-year statute of limitations for personal injury and a 5-year statute for breach written contract. The Wrongful Death Statute is 1-year.

What is the Texas statute of limitations for a felony tampering of a government record that did not alter any judgments or case outcomes?

If, by your committing perjury, tampering with evidence, or tampering/altering a government document, you changed the outcome of the legal proceeding and caused a 'gross miscarriage of justice' (i.e.- caused a guilty party to be acquited, or an innocent party to be convicted) there are no statutory limitations on your culpability.