Legal Question in Criminal Law in New York


my wife was charged with trespassing&harassement in 1982 or 1983 in tne state of new york.

she now lives in fl., the state of ny sent her a letter (2004) and said they were going to issue a warrant for her and have the state of fl. suspend her fl. drivers license.

she doesn't remember the incident.

what is the statute of limitations on this type of case?

Asked on 1/04/05, 6:02 pm

1 Answer from Attorneys

Andrew Multer Bahn, Herzfeld & Multer, LLP

Re: limitations

Sir: Statutes of limitations dictate the amount of time that a state has to commence a criminal action, so that's unlikely to be the relevant legal issue in this case. I'm not surprised that your wife doesn't recall the details of something from 20+ years ago. Most likely she appeared in court once and got a violation or a dismissal with a fine or community service, which she either didn't pay or didn't do. Another possibility is that she was given a desk appearance ticket when she was arrested and never appeared in court; a third is that she appeared one or more times but then did not return to court on a subsequent date. In any case, this should be dealt with, because her license will, indeed, be suspended in Florida. My law firm is in New York City; if the incident in question took place anywhere in the City, or in the surrounding counties, we may be able to help her clear this up. If you're interested, please reply to the e-mail address you see below. Thanks.

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Answered on 1/05/05, 10:42 am

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