Legal Question in Criminal Law in California

California Law

Is there a statute of limitation for a murder lawsuit in the state of california? If the murder happened at a resort are they protected by California laws?


Asked on 8/24/07, 11:48 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: California Law

If you're talking about the DA filing a criminal case, there is no statute. If you're talking about heirs filing a civil lawsuit, the statute is 2 years from injury or death. Feel free to contact me if still timely, and if the defendants actually have any assets to collect against. If they have nothing, then nothing is what you're going to get out of such case.

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Answered on 8/24/07, 2:12 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: California Law

Your question is unclear. You posted it under criminal law, but you ask about a "lawsuit" -- a term which generally is used only to describe civil cases. When you ask "are they protected by California laws", it is not clear who "they" are (the resort? the suspects?) or what kind of "protection" you have in mind.

Murder prosecutions have no time limit. Civil suits for wrongful death or other torts do have limitations periods, though I would need to know what the lawsuit alleges before I could say what the applicable limit would be.

That a murder happened at a resort is irrelevant to any legal question unless the resort, its owner(s) or employee(s) are named as defendants.

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Answered on 8/24/07, 2:28 pm
David Kaloyanides David J.P. Kaloyanides, A Professional Law Corporation

Re: California Law

Your question is unclear. There is no limitations period for murder. If a murder occurs outside the state of California, generally, California has no jurisidiction (power to prosecute) the crime. If the murder occurs outside the United States, there generally is no jurisdiction by any US state or the federal government to prosecute . . . generally. There are federal statutes that do permit the federal government to prosecute extra territorial crimes.

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Answered on 8/24/07, 5:43 pm


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