How long after an altercation can my ex press charges? 34 Answers as of May 22, 2013

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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Law office of Robert D. Scott | Robert Scott
The statute of limitations for a misdemeanor is 3 years.
Answer Applies to: Maryland
Replied: 9/6/2012
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
He cannot "press charges". Only the state can file criminal charges and it does not sound like any charges are likely in any event.
Answer Applies to: Washington
Replied: 9/5/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
How long after ?? Misdemeanors for a year, felonies for one to seven years, depending upon the Penal Code section.
Answer Applies to: California
Replied: 9/5/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
The Statute of Limitation on misdemeanor charges in New York State is two years from the occurrence. It is five years on felony charges. So he can still file a complaint, whether the State decides to arrest and prosecute on those facts is up to the police.
Answer Applies to: New York
Replied: 9/5/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
I would doubt the prosecutor would file this case due to the facts involved.
Answer Applies to: Kansas
Replied: 9/5/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Only a prosecutor may press charges. They may do so if they believe there is probable cause for the charge. The statute of limitations for any offense is a erm of years and, as a result, it may be a year or more before the Statute of Limitations passes on even a misdemeanor charge.
    Answer Applies to: Minnesota
    Replied: 9/5/2012
    Steven Alpers | Steven Alpers
    Not likely anyone will listen to him.
    Answer Applies to: California
    Replied: 9/5/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    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.
    Answer Applies to: Utah
    Replied: 9/5/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Blough Law Office | Janis L. Blough
    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.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Law Office of Gregory Crain | Gregory Crain
    Until the statue of limitations runs.
    Answer Applies to: Arkansas
    Replied: 9/5/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    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
    Answer Applies to: Colorado
    Replied: 9/5/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    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!
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would have to research to see what the time period in which to bring the charges are but I believe that the time period ( statute of limitations ) is probably at least 1 year if not 2 years or more. You should hire an attorney if he does file charges.
    Answer Applies to: New York
    Replied: 9/5/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    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.
    Answer Applies to: California
    Replied: 9/5/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    For a misdemeanor up to a year and a day.
    Answer Applies to: Nevada
    Replied: 9/5/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He can always go to the police and ask for charges to be brought. Hopefully, the police will have enough sense to see what is going on. You may still need an attorney.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    I have practiced law for 30 years and often advise women not to get involved with men who do not have a good education, a good job, a steady and sufficient income, and a good personality. Unless they have their own income getting involved with dishonest, violent, poor, uneducated men is never going to develop into a good relationship. You cannot change people and men who have no income will not be able to support you or children. That is a fact of life and their women's parents will always give them the same advice. As to your case, you should not have just taken what you wanted from the apartment without him there. You should have called the police and had them escort you to the apartment while he was there to get your possessions if you were worried for your safety. They fact that you thought he might not be able to handle such a simple thing pleasantly and fairly tells me that you do not believe he is reasonable and non-violent. It is unlikely that you will be arrested after that long a period of time, but the statute of limitations is 5 years.
    Answer Applies to: New York
    Replied: 9/5/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    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.
    Answer Applies to: Pennsylvania
    Replied: 9/5/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    He can try different strategies, such as obtaining criminal charges and/or suing you civilly. He'll have fun, regardless of his "legal" chances of success. Secure your property in a safe location. Warn anyone who should know (roommates, security personnel, even neighbors) that you are divorcing, that he is not welcome on the premises, and to be referred to you for any questions. Wait it out, an defend when necessary.
    Answer Applies to: Illinois
    Replied: 9/5/2012
    Dennis P. Mikko Attorney at Law | 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.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    That would be 1 year.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    He may have up to either one year, if the amount of the items taken were $350 or less or up to three years if the value exceeded $250. However, by waiting for 11 months to consider signing a complaint I woulod be surprised if any magistrate would allow him to go forward, unlessw he has good cause for his delay.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    Hamblin Law Office | Sally Hamblin
    Under those circumstances, I cannot imagine any charges moving forward. You have done all the right things and bent over backwards, even returning property that was rightfully yours. I cannot see what charges he would have available to press. You are right, all issues have been resolved.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Possible, but highly unlikely that the State Attorney would file any charges in this matter as it is a civil dispute, if that.
    Answer Applies to: Florida
    Replied: 9/5/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    The decision to charge is not solely up to your ex. The authorities would make the decision ultimately. Given the passage of time, it is unlikely that the authorities would let him get away with using the possibility of charging as a negotiating tool in your family case.
    Answer Applies to: Minnesota
    Replied: 9/5/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to win a case 11 months old. Just make sure you enforce any divorce decree.
    Answer Applies to: Nebraska
    Replied: 9/5/2012
    The Law Offices of Stephen L. Richards | Stephen L. Richards
    The statute of limitations for criminal charges is one year and one half.
    Answer Applies to: Illinois
    Replied: 9/5/2012
    Michael Breczinski
    Michael Breczinski | Michael 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.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    DAs prosecution "press" charges, not civilians. Hire an attorney. You are going to need one.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    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.
    Answer Applies to: Rhode Island
    Replied: 9/5/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The statute of limitations is either one or three years depending on the actual charges. However, given the passage of time, the prosecutor will be skeptical about anything your ex says.
    Answer Applies to: Washington
    Replied: 9/5/2012
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