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armandbeach2 · May 23, 2012, 04:36 AM

I had problems with my neighbor - he harassed me so bad I had to move. Recently, I applied for a job and on my background check it came up "Open Case" misdemeanor. I immediately called the court and they said it was in reference to my old neighbor! What is the statute of limitations that the State has to try to make something of this bogus case? It happened last December 2011?

odinn7 · May 23, 2012, 04:44 AM

You're going to have to put more detail into this question. People are going to need to know a little background on what happened and what area you're living in.

RickJ · May 23, 2012, 04:55 AM

Originally Posted by armandbeach2

I had problems with my neighbor - he harassed me so bad I had to move. Recently, I applied for a job and on my background check it came up "Open Case" misdemeanor. I immediately called the court and they said it was in reference to my old neighbor! What is the statute of limitations that the State has to try to make something of this bogus case? It happened last December 2011?

When you called the court they should have told you exactly what the charge was. If it happened just 5 months ago, it is certain that the statute of limitations is not up on whatever the charge was.

But as odinn7 also said, you need to give more detail:
1) What state was the charge in?
2) What, exactly, was the misdemeanor charge against you?

ScottGem · May 23, 2012, 05:00 AM

Statute of Limitation laws refer to the time frame in which a person has to be charged for a crime. Since you were already charged, SOL doesn't apply.

What you need to do is contact the local prosecutor's office to find out the status of the case and get it either dropped or prosecuted.

armandbeach2 · May 23, 2012, 05:49 AM

Florida! And I was never charged. It is a bogus report from a disgruntled X-neighbor, but, now it is on my background check for a job?

armandbeach2 · May 23, 2012, 05:51 AM

Originally Posted by ScottGem

Statute of Limitation laws refer to the time frame in which a person has to be charged for a crime. Since you were already charged, SOL doesn't apply.

What you need to do is contact the local prosecutor's office to find out the status of the case and get it either dropped or prosecuted.

I was NEVER charged - it was a bogus incident!! The case says OPEN still this happened back in Dec. it is showing up on a background check? I contacted the Atty. gen. they said they can't talk to me because I am the defendant! Ha ha- someone told me to tell them to get rid of it and there is a statue of limitations on it but, I don't know what that time frame is that the State has to decide- capice?

armandbeach2 · May 23, 2012, 05:54 AM

Originally Posted by RickJ

When you called the court they should have told you exactly what the charge was. If it happened just 5 months ago, it is certain that the statute of limitations is not up on whatever the charge was.

But as odinn7 also said, you need to give more detail:
1) What state was the charge in?
2) What, exactly, was the misdemeanor charge against you?

Florida/ my neighbor says it was disorderly conduct! The police laughed- I never said anything to my neighbor it is just that he is an x-NY COP and thinks he can give everyone a hard time!

excon · May 23, 2012, 05:54 AM

Originally Posted by armandbeach2

I don't know what that time frame is that the State has to decide- capice?

Hello a:

There is NO time frame.. They're going to DO what they want to do. You can't change anything... If you want change, hire a lawyer - capice?

excon

ScottGem · May 23, 2012, 06:32 AM

Then complain to the agency that reported this. A citizen complaint that was never followed up on should not show on a background check.

In the meantime get a letter from the local police or prosecutor that this was a complaint that was never followed up on.

AK lawyer · May 23, 2012, 07:30 AM

Originally Posted by armandbeach2

I was NEVER charged - it was a bogus incident!!! The case says OPEN still this happened back in Dec. it is showing up on a background check?? I contacted the Atty. gen. they said they can't talk to me because I am the defendant!! ha ha- someone told me to tell them to get rid of it and there is a statue of limitations on it but, I don't know what that time frame is that the State has to decide- capice?

Ah, but you were charged. What "charged" means is that a case was filed in court. The reason that you didn't know about it is that, apparently, they never bothered to serve you with notice of the charge.

The AG thought they couldn't talk to you because they assume you are represented by an attorney. If you are not, they certainly can talk to you, if they want to.

armandbeach2 · May 23, 2012, 12:58 PM

Originally Posted by AK lawyer

Ah, but you were charged. What "charged" means is that a case was filed in court. The reason that you didn't know about it is that, apparently, they never bothered to serve you with notice of the charge.

The AG thought they couldn't talk to you because they assume you are represented by an attorney. If you are not, they certainly can talk to you, if they want to.

No they told me at the AG office that they couldn't talk to me because I was the defendant! I spoke to a police officer and he told me that I had filled out a report that day to answer my neighbor and it was all public record- news to me!

ScottGem · May 23, 2012, 01:09 PM

So you were charged. So now you ask the AG to dismiss or proceed.

armandbeach2 · May 23, 2012, 04:50 PM

Originally Posted by ScottGem

So you were charged. So now you ask the AG to dismiss or proceed.

Well, thank you then I will-I tried but, they were so rude to me they wouldn't talk-they kept saying "we can't do anything" "We won't talk to you the defendant." I have plenty of material (emails) that I sent to the Sheriffs office leading up until this point and even after this about him calling code enforcement on me everyday. He was mad that I had a ladder in my yard and I didn't finish trimming the hedges so, I left it there until the next day! He was mad I took my trash can out three hours early-so did other people everywhere! I hope they do proceed because it is a case of intentional infliction of emotional distress. My father had passed away late Aug. 2011. Then with him calling anybody that would listen finally drove me out 2/1/2012. I had to spend every dime I had between moving trucks & storage-not to mention having to move a three bedroom house and a piano with just my two teenage boys!
I have three cars -one had to be towed because it was inoperable.UGH!

ScottGem · May 23, 2012, 07:25 PM

While it is true they can't discuss the case with you, you can force them to either prosecute or dismiss. You need to consult an attorney how to do so.