Legal Question in Appeals and Writs in New York

Having Statute of Limitations Extended
If 12 years ago, 1996, someone was arrested for a speeding violation and jailed until bail for allegedly “eluding an officer” but has now discovered that (1) there was no evidence for the “eluding an officer” charge (2) the officer’s conduct in pursuing this person was both overly excessive and dangerous as it put at risk the safety of other drivers and (3) the victim was not read his rights when arrested or formally told why he was being arrested, could this ‘out of state’ case be now brought to court by, in some legal way, having the “statute of limitation” waive or “extended” to be tried under claims of ‘false and/or unlawful “arrest” and “imprisonment.”

Asked on 6/17/08, 7:20 pm

Alan Wagner Wagner, McLaughlin & Whittemore P.A.

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Re: Having Statute of Limitations Extended

Nope.

And there is no requirement to read someone their rights.

Answered on 6/28/08, 9:22 pm

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