Question: I WAS WIT M EX 4 10YRS. IN 2006 HE BEAT PRETTY BAD, IN FRONT OF OUR KIDS. I WENT 2 THE HOSPITAL N HE TOOK OFF WITH THE KIDS. HE TOOK IT 2 TRIAL. HE WAS FACING 11-15YRS IN PRISON 4 ASSAULT WIT DEADLY WEAPON FELONY BECUZ IT WAS REPEATED CHARGE, 2 COUNTS OF ENDANGERMENT, N 2 COUNTS OF CUSTODIAL INTERFERENCE. I WAS SUPPOSE 2 TSTIFY IN COURT BUT DIDNT CUZ I WAS 2 SCARED. SO IT WAS DISMISSED. NOW THAT IM NOT SCARED ANYMORE N HAVE BEEN AWAY FROM HIM FOR 3YRS. CAN IT BE BROUGHT BACK UP. CAN HE BE CHARGED NOW. HOW DO I FIND OUT?
Answer: The statute of limitations for most felonies (including this one) is seven years. Unfortunately, the mere fact that the county attorney's office *can* prosecute a case doesn't mean it will. Much will depend on whether prosecutors still have the rest of their evidence from the original report, whether other witnesses (including police officers) can still be found, whether they trust witnesses to follow through, and whether they have the resources to resurrect an incident that is now three years old.
September 23, 2009
Legal Services Corporation