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    ducklady1964's Avatar
    ducklady1964 Posts: 2, Reputation: 1
    New Member
     
    #1

    Jan 20, 2009, 04:07 PM
    Crimal crime
    What is the statue of limitations in nys. My son was charged with throwing rocks at an car, that he wasn't even around to do. He was charged on Jan. 7,2009, the incident took place on Aug, 23,2008, and a witness gave an statement on Dec. 17, 2008 according to the police
    Investigator. What should we do about this?? Is this fair or legal at all. We had no idea of this at all... Help us please. As soon as possible!!
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
    Ultra Member
     
    #2

    Jan 20, 2009, 04:13 PM

    I can look it up if it really matters, but it is years and he is well within the statute of limitations.

    You should probably get a lawyer.
    ducklady1964's Avatar
    ducklady1964 Posts: 2, Reputation: 1
    New Member
     
    #3

    Jan 20, 2009, 04:22 PM

    Please look it up and respond to me. Also do witnesses have to give evidence and can they take that long to give an statement.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Jan 20, 2009, 04:31 PM

    It depends on what he is being charged with. The SOL for petty crime is 1 year and misdomeaner is 2 years.

    They can take as long as they need to take a statement.

    Witnesses give their account of what they saw and present what they have as proof if they have physical evidence. I am not sure what you are asking.
    lawanwadee's Avatar
    lawanwadee Posts: 3,653, Reputation: 124
    Immigration Expert
     
    #5

    Jan 20, 2009, 04:56 PM

    If he did not do it, then it's his burden to prove in court that he was not there, did not do it, etc. Do not ignore this. Get an attorney asap..
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #6

    Jan 20, 2009, 05:12 PM

    They can take up to 3 years to charge him if I am correct, but for sure they can change him within a year.

    And they can wait till for months finding witnesses, and find them even after he is charged

    So this is perfectly legal, and you need an attorney.

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