According to the law, there is a time limit for a complainant to file a case against the defendant – this is called the Statutes of Limitations.
Such law exists to give a leeway for the victim of a crime to evaluate the possibility of filing charges. At the same time, it grants suspects the peace of mind, believing that the possible crimes they did are behind them.
Furthermore, this law has been carried out over the years because the court systems want to hold trials when the evidence and accounts are fresh, rendering precise and reputable results.
Nevada follows this rule, just like any other state. If you have queries about it, many criminal defense attorneys are up for the job!
Time limits in Nevada
The Nevada Statutes of Limitations vary according to the crime. Here are the time limits of claims in the state of Nevada:
- Murder – none
- Wrongful death – 2 years
- Personal Injury or Negligence – 2 years
- Legal Malpractice – 2 to 4 years due to Discovery Rule
- False Imprisonment – 2 years
- Libel/Slander – 2 years
- Assault and Battery – 2 years
- Medical Malpractice – 3 years or shorter due to Discovery Rule
- Fraud – 3 years
- Personal Property Damages – 3 years
- Trespass – 3 years
- Contracts – 4 to 6 years in writing and 4 years in oral
- Product Liability – 4 years
Remember that that the list only offers a general view of the Nevada Statutes of Limitations per felony. As this particular system is complicated, it is best to consult a criminal defense attorney to determine the matters depending on your case.
Extension of the Statutes of Limitations
In the recent years, the public had seen extensions on the Statutes of Limitations on many felonies. The Assembly Bill 212 in 2015 was signed into law, wherein an additional 20 years has been added to assault and rape cases as the former Statutes of Limitations only let victims engage in legal proceedings in a time span of 4 years. Last May 2017, there was an extension of the Statues of Limitations for child sexual abuse.
These extensions proved to be congruent to the Discovery Rule, wherein the Statutes of Limitations will only start the moment the victim discovered the crime, regardless of the date it had been committed.
Many victims of rape only realize they were assaulted when physical, emotional, or mental issues have surfaced; whereas a few are just denying it to save themselves from complete breakdown. Likewise, many child sexual abuse victims only discover the impact of what had been done to them once the repressed memories have been disclosed because of the trigger brought by a certain event. These cases are reasons why there is a great need for the Discovery Rule and the many extensions of Statutes of Limitations.
Tolling of Statutes of Limitations
In case the complainant misses the cut-off, there is always a chance for rebuttal through “tolling.” Here, the jurisdiction will declare that the statutes has been “tolled” or stopped for a period of time. It can happen because of some circumstances the plaintiff experienced that restricted him/her to proceed with the case – such as bankruptcy or mental and physical disability.
Whether you are a complainant or a defendant, it is always best to enlist the help of a trustworthy criminal defense attorney! Get in touch with one now and learn what steps to take regarding the statutes of limitations!