QUESTION

How long after an altercation can my ex press charges?

Asked on Aug 31st, 2012 on Criminal Law - Rhode Island
More details to this question:
My soon-to-be ex-husband and I had an apartment together, which I was told my name was on the lease until September 2011. I moved away for a better job in May 2011 but continued to have a joint account and pay rent (he had not had a job since February 2009 and considered his part of the income as his excess student loans reimbursement). I did not obtain my own residence because of finances and uncertainty of my new job so I moved in to a family member's residence. In June 2011, he resigned the lease in his own name without me stating he had to in order to get a good deal on rent. I didn't agree with it yet I still continued to pay rent, possessed a key and went with his daughter to visit every couple weeks. In September we had a falling out and I kept asking for the rest of my things and he kept blowing me off. I went to get my things out of the apartment at the end of September while he wasn't there to keep from having a dispute. After I left he called the police stating I was breaking and entering. The police officer I spoke to on the phone told me to return certain items that my ex were claiming that were not mine to keep from pressing charges. I returned the items without dispute and left. I cut ties financially from him and filed a divorce in October 2011. Now he's trying to say that he is going to press charges even though it's been over 11 months. Is that possible if it was supposedly resolved at the time of the incident and under the circumstances?
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18 ANSWERS

Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 5:37 AM

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11 months is not too late. ?But, a private individual cannot "press" charges. Nor can the police. Only the District Attorney can charge someone with a crime. A private individual or the police can request that the D.A. file charges. But, the D.A. is not obligated to do so. The decision to charge or not to charge is solely at the discretion of the D.A. Consult with your attorney.
Answered on Sep 05th, 2012 at 4:06 PM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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Until the statue of limitations runs.
Answered on Sep 05th, 2012 at 4:05 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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He can try to pursue the matter, but it is up to a prosecutor to decide if charges will be brought forth. A prosecutor will look at the available evidence and make a decision. Based on what you described, if I were the prosecutor, I would not bring charges, but others may see it differently. If you are charged, hire a good attorney and don't speak to the police without him present.
Answered on Sep 05th, 2012 at 4:05 PM

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Criminal Law Attorney serving Boulder, CO
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for misdemeanors, the statute of limitations (date of offense to date charges filed) is 18 months, for most felonies, it is 3 years or more
Answered on Sep 05th, 2012 at 4:05 PM

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This kind of NONSENSE goes on all the time when couples are breaking up. Tell ex that you'll sue him for "defamation" and "malicious prosecution." Does he work? If you win you can garnish his wages. Show him aq copy of this email and tell him to GROW UP!
Answered on Sep 05th, 2012 at 4:05 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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With the passage of 11 months time since the alleged incident, and based upon the facts as you have discussed, there is no prosecutor that will file the case. He can threaten all he wants, but it is not him who files the charges. It is the prosecutor. He is simply saying what he is and threatening you because he wants to continue to maintain some kind of control or influence or power over you. Thank goodness you are not on the new lease, because when he defaults, which he probably will, you, not being on the lease, are not obligated. Clearly, you are better off without him.
Answered on Sep 05th, 2012 at 4:04 PM

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As a former assistant prosecutor, I would be highly surprised if breaking and entering charges would be authorized against you. First, the incident arises out of a civil dispute: Your marriage/divorce. Second, you were paying the rent on the apartment which had been your marital home and STILL contained some of your personal property (you were allowed to take some of it, right?). I doubt a prosecutor would want to present such an issue to a jury. You should, however, discuss this matter with an experienced divorce attorney, and your judgment should contain some language that it resolves all issues, civil and criminal, between the parties. That would put the issue to rest.
Answered on Sep 05th, 2012 at 4:04 PM

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Not likely anyone will listen to him.
Answered on Sep 05th, 2012 at 4:04 PM

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He cannot "press charges". Only the state can file criminal charges and it does not sound like any charges are likely in any event.
Answered on Sep 05th, 2012 at 4:03 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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How long after ?? Misdemeanors for a year, felonies for one to seven years, depending upon the Penal Code section.
Answered on Sep 05th, 2012 at 4:03 PM

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Dennis P. Mikko
He cannot bring criminal charges against you. He can report the incident to the police and they will investigate and make a report. The police report would then be turned over to the prosecuting attorney who decide if any criminal charges should be brought. Only the prosecuting attorney can authorize criminal charges.
Answered on Sep 05th, 2012 at 12:35 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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Although the Statute of Limitations has not run yet, I would be shocked if the police would pursue this case given the facts you described.
Answered on Sep 05th, 2012 at 12:35 PM

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That would be 1 year.
Answered on Sep 05th, 2012 at 12:33 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Possible, but highly unlikely that the State Attorney would file any charges in this matter as it is a civil dispute, if that.
Answered on Sep 05th, 2012 at 12:25 PM

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Criminal Defense Attorney serving Chicago, IL
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The statute of limitations for criminal charges is one year and one half.
Answered on Sep 05th, 2012 at 12:22 PM

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Michael J. Breczinski
You still had a key. You had been a tenant. You were still married. I don't see a prosecutor charging you or a jury convicting you. He is just a jerk.
Answered on Sep 05th, 2012 at 12:20 PM

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Tax Attorney serving North Smithfield, RI at The Law Offices of Mark L. Smith
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HERE IS THE LAW ON THE STATUTE OF LIMITATIONS - IN YOUR CASE IT IS THREE YEARS - 12-12-17 Statute of limitations. (a) There shall be no statute of limitations for the following offenses: treason against the state, any homicide, arson, first degree arson, second degree arson, third degree arson, burglary, counterfeiting, forgery, robbery, rape, first degree sexual assault, first degree child molestation sexual assault, second degree child molestation sexual assault, bigamy, manufacturing, selling, distribution or possession with intent to manufacture, sell or distribute a controlled substance under the Uniform Controlled Substance Act, chapter 28 of title 21, or any other offense for which the maximum penalty provided is life imprisonment. (b) The statute of limitations for the following offenses shall be ten (10) years: larceny under 11-41-2 (receiving stolen goods), 11-41-3 (embezzlement and fraudulent conversion), 11-41-4 (obtaining property by false pretenses or personation), 11-41-11 (embezzlement by bank officer or employee), 11-41-12 (fraudulent conversion by agent or factor), and 11-41-13 (obtaining signature by false pretenses), or any larceny which is punishable as a felony; any violation of chapter 7 of title 11 (bribery); any violation of 11-18-1 (giving false document to agent, employee, or public official); perjury; any violation of chapter 42 of title 11 (threats and extortion); any violation of chapter 15 of title 7 (racketeer influenced and corrupt organizations); any violation of chapter 57 of title 11 (racketeer violence); or any violation of chapter 36 of title 6 (antitrust law). (c) The statute of limitations for any other criminal offense shall be three (3) years unless a longer statute of limitations is otherwise provided for in the general laws. (d) Any person who participates in any offense, either as a principal accessory, or conspirator shall be subject to the same statute of limitations as if the person had committed the substantive offense. (e) The statute of limitations for any violation of chapter 18.9 of title 23 (refuse disposal), chapter 19 of title 23 (solid waste management corporation), chapter 19.1 of title 23 (hazardous waste management), chapter 12 of title 46 (water pollution), and chapter 13 of title 46 (public drinking water supply) shall be seven (7) years from the time that the facts constituting the offense or violation shall have become known to law enforcement authorities, unless a longer statute of limitations is otherwise provided for in the general laws.
Answered on Sep 05th, 2012 at 12:15 PM

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