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Are you a real person?JA: Yes, I'm a...

Resolved • Response time 4 minutes

21 Sep 2021

Are you a real person?
JA: Yes, I'm a bot. I make the process of talking to the Lawyer more efficient and affordable by asking basic questions. What state is this in? It matters because laws vary by location.
Customer: Georgia
JA: What steps have been taken so far?
Customer: Can the statute of limitations be rolled? tolled?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thats all
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21 Sep 2021

Ask your own question
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Hi there and welcome to Just Answer. My name is ***** ***** I'm an attorney. I'll be happy to help you out today.

Please note that while I do strive for real time responses there are occasions where I am called away from my desk or on a call and I cannot respond in real time. But I will response to you as quickly as possible. Also, please note that this discussion is for guidance only and does not constitute an Attorney-Client Relationship.

I’m so sorry to hear about your situation. I know that it can be frustrating not knowing your rights. Hopefully, we can get this resolved quickly.

21 Sep 2021
Customer reply
21 Sep 2021
Yes
21 Sep 2021
Customer reply
21 Sep 2021
Can I toll the statute of limitations in Ga?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

What can I answer for you about the statute of limitation?

21 Sep 2021
Customer reply
21 Sep 2021
Civil rights case
21 Sep 2021
Customer reply
21 Sep 2021
criminal
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Please give me a moment to review.

21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Are you the victim?

21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years.

21 Sep 2021
Customer reply
21 Sep 2021
Defendant for criminal case that is ongoing but I have a documented disability and I want to sue for false arrest and/or excessive force.
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

There is no tolling then.  You must initiate the cause of action timely.

21 Sep 2021
Customer reply
21 Sep 2021
I was told that I had to wait for the criminal matter to be resolved before pursuing the civil matter and the criminal matter took 2 1/2 years for me to be arraigned. If the statute is 2 years, is there no way around this?
21 Sep 2021
Customer reply
21 Sep 2021
Since I'm suing a government entity?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Who said that to you?

21 Sep 2021
Customer reply
21 Sep 2021
Multiple people even an attorney at one point
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

There is nothing in the law that says you have to wait until after the criminal case is over.

21 Sep 2021
Customer reply
21 Sep 2021
This whole time and I could ha e sued
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Did they drop the charges or did you beat the charges?

21 Sep 2021
Customer reply
21 Sep 2021
That makes me upset
21 Sep 2021
Customer reply
21 Sep 2021
Well not yet
21 Sep 2021
Customer reply
21 Sep 2021
I'm meeting with the prosecutor on Wednesday
21 Sep 2021
Customer reply
21 Sep 2021
He's offering pre-trial diversion and dismissing one of the charges
21 Sep 2021
Customer reply
21 Sep 2021
I don't really want to go to trial but I do want to sue
21 Sep 2021
Customer reply
21 Sep 2021
Sounds like I can't
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Yeah.  You could have sued since the incident happened.  What happens is if you get convicted of the underlying crime, there is no attorney that will take your case and no jury that will side with "the criminal" in a case of false arrest.

21 Sep 2021
Customer reply
21 Sep 2021
What if I get pre-trial diversion? Is it still too late to sue?
21 Sep 2021
Customer reply
21 Sep 2021
Even if I'm suing a municipality?
21 Sep 2021
Customer reply
21 Sep 2021
I have a disability? And there was covid?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Where are you getting a 2 year statute of limitations from?

21 Sep 2021
Customer reply
21 Sep 2021
That's just what I was told there was in the state of Georgia
21 Sep 2021
Customer reply
21 Sep 2021
Is that true?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

But you are not suing a municipality under Georgia law.  You sue them under Federal Law.

21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

I sent you a link to review.

21 Sep 2021
Customer reply
21 Sep 2021
if I'm suing the sheriff's department within a specified county within the state of Georgia, that would be a municipality right? And thank you
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

You sue the state.

21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Or the county.

21 Sep 2021
Customer reply
21 Sep 2021
that would fall under Georgia law and not Federal law? When would I be able to sue under Federal law?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

When you sue a governmental entity for a violation of your civil rights (which come from the constitution), you sue in Federal Court.

21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

If it is a personal injury case, you can sue under Georgia law.

21 Sep 2021
Customer reply
21 Sep 2021
would a false arrest on the basis of my having a disability and undergoing an instance of mental health psychosis during the period leading up to the arrest, compounded with excessive force during and after the arrest and during the detainment, being refused medical treatment for days, constitute a violation of my civil rights? Not to mention that I was never mirandized
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Yes, it would be a civil rights case.  Please review the link I sent you.

21 Sep 2021
Customer reply
21 Sep 2021
if the prosecutor wants me to waive my right to sue is that unethical? Also, if I take the pre-trial diversion plea does that mean that I cannot sue?
21 Sep 2021
Customer reply
21 Sep 2021
what is the statute of limitations for a Federal lawsuit?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Why don't speak on the phone so I can answer all of your questions fully?

21 Sep 2021
Customer reply
21 Sep 2021
Ok, is there an additional charge for that?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Yes, please refer to the link.

21 Sep 2021
Customer reply
21 Sep 2021
These are the last three questions though. I'd rather continue with this text conversation for the $5 that I paid.
21 Sep 2021
Customer reply
21 Sep 2021
if the prosecutor wants me to waive my right to sue is that unethical? Also, if I take the pre-trial diversion plea does that mean that I cannot sue?
21 Sep 2021
Customer reply
21 Sep 2021
what is the statute of limitations for a Federal lawsuit?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

1- They will not ask you to waive your rights to sue

2-  If you admit fault as part of the pre-trial diversion, which is sometimes required, you will have a tough time with your civil suit

3- It is typically 3 years

21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Have a great evening! Best of luck with your case.

21 Sep 2021
Customer reply
21 Sep 2021
The prosecutor did ask me to waive my right to sue
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

Then you cannot agree to the plea.

21 Sep 2021
Customer reply
21 Sep 2021
Thank you
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

And it also means you have a hell of case against them.

21 Sep 2021
Customer reply
21 Sep 2021
Ok
21 Sep 2021
Customer reply
21 Sep 2021
Are you a Ga attorney?
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

No.  I am license in FL, NY and CA.

21 Sep 2021
Customer reply
21 Sep 2021
Ok
21 Sep 2021
Customer reply
21 Sep 2021
I guess I have to refuse the deal and take this to trial
21 Sep 2021
Customer reply
21 Sep 2021
then sue
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G
Partner

I agree.

21 Sep 2021
Customer reply
21 Sep 2021
I'm scared to go to trial but it sounds like that's what I must sue if I want to sue.
21 Sep 2021
Customer reply
21 Sep 2021
Thank you
21 Sep 2021
Customer reply
21 Sep 2021
must do
21 Sep 2021
Lawyer's response
21 Sep 2021
AlanL.G
AlanL.G

My pleasure.

Customer rating:
AlanL.G
AlanL.G
Partner
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21 Sep 2021
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