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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12754
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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How do I go about trying to have a criminal case reopened?

Resolved Question:

How do I go about trying to have a criminal case reopened? Is that possible?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.
Hello. My name is XXXXX XXXXX X will be glad to help you.

-Could you explain your situation a little more?

Customer: replied 1 year ago.

I didn't go and speak with the DA about my husband that was charged with child abuse recklessly cause great harm because I have been not my self for a long time... My husband has lied to me and I have been believing him for so long. I have been on medication and my head is starting to be less foggy and clear but now that this case has been dismissed I was told nothing can be done and it is all my fault for not going to speak with him... I have a lot I would like to tell him what should I do?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXXifer,

Thank you for your follow up.

Unfortunately, I cannot tell you what to do, as such specific instructions would constitute legal advice which can only be provided by your local attorney upon the full review of your situation, but I can provide you with general answer to your question.

Was your husband's criminal case dismissed or was he tried and acquitted at trial?

How long ago was the case closed?
Customer: replied 1 year ago.

It was dismissed and it was closed 04-29-2013

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXXifer,

Did you contact the DA office and advised them that of your situation and the fact that you would be willing to cooperate if the case was reopened and the criminal charges would be filed again / reinstated against your husband?

If you did, what was the DA's response?
Customer: replied 1 year ago.

No I will do that tomorrow I did call yesterday but I just talked to the clerk and I didn't think to ask if it could be reopened ...

Customer: replied 1 year ago.

Is that something they can do? Can it be reopened?

Customer: replied 1 year ago.

Are you still there?

Expert:  Alex J. Esq. replied 1 year ago.
Dear XXXXX,

Thank you for your follow up.

In Wisconsin misdemeanors can be prosecuted for up to 3 years from the time alleged crime took place and felonies for up to 6 years from the time the alleged crime took place.

So you can contact the DA's office and if the state finds sufficient evidence and legal grounds to prosecute your husband criminally, the state can file re-open his criminal case and reinstate criminal charges against your husband, as long as it has not been longer than 3 years for a misdemeanor or 6 years for a felony.

I wish you the best of luck!
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12754
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 5 other Criminal Law Specialists are ready to help you

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