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Arizona Statute of Limitations On Nuisance Cases

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    Definition

    • The ARS defines criminal nuisance as conduct that creates conditions that endanger others. The term also applies to maintaining conditions, whether created by the offender or not, that put the health and safety of others at risk.

      Nuisance can also apply to maintaining premises where others gather to engage in illegal activities.

    Classification

    • In Arizona, criminal nuisance is defined as a Class 3 misdemeanor carrying a penalty of up to $500 fine and less than one year in jail.

    Statute of Limitations

    • The statute of limitations is the time frame within which prosecution for a crime must commence upon discovery by the state that the crime has occurred or discovery should have occurred, whichever comes first. For Class 3 misdemeanors such as nuisance, the statute of limitations in Arizona is one year. Prosecution is legally commenced with the filing of a complaint, information or indictment.

    Exceptions to Statute of Limitations

    • According to the ARS, the clock is not running on the statute of limitations during times that the accused offender is living in another state.

      If legal action is undertaken within the statute of limitations but dismissed, prosecutors have six months to begin prosecution again, even if the statute of limitations has passed.

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