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i have a case labeled dismissed in1999 when i was adolecent.

 
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Customer Question

i have a case labeled dismissed in1999 when i was adolecent. its a molestation case. i want to know if i can do anything about it still

 

Optional Information:
Country relating to Question: United States
State (if USA): Colorado

Already Tried:
i have a courtcase.thinking i want to open a case

Submitted: 271 days and 20 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  psimmons replied 271 days and 20 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

What is it you want to do? You want to reopen it somehow?

Can you give some information about what happened?

Customer replied 271 days and 20 hours ago.

it was dismissed i believe which is unexceptable to me. im older now and dont agree. i want to try to open a case back up and prosecute. he was charged for same thing (molestation) with another family member. i just want justice

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Expert:  psimmons replied 271 days and 20 hours ago.

The case that involved you, do you do you know the reason it was dismissed?

Customer replied 271 days and 20 hours ago.

i dont know why. its an old case and i cant get records of it, its in archives...? im concered about Statute of Limitations and if i can even do anything about it.

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Expert:  psimmons replied 271 days and 20 hours ago.

How old are you today?

Customer replied 271 days and 20 hours ago.

im 25.. 26 in sept

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Expert:  psimmons replied 271 days and 20 hours ago.

Thanks

That is going to be a problem

The statute of limitations for a civil suit is tolled (does not run) while the victim is a minor.

But the moment they reach the age of majority (18) the statute starts to run

The statute of limitations in CO for this is 1 year. You had a year from the time you turned 18 to file a civil case.

Since you are now 25, it is too late for you to sue them

Now, under criminal law, the statute is 10 years. But if this happened in 99, then over 10 years has passed.

SO the statue has run for both civil and criminal cases.

I am sorry to have to bear bad news


Customer replied 271 days and 20 hours ago.

well darn thank you for helping me. i appreciate it

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Expert:  psimmons replied 271 days and 19 hours ago.

Welcome

If you have more questions, please ask, otherwise please rate so I get credit for my work

Phil

Customer replied 271 days and 19 hours ago.

phil i was looking and colorado statute of lim is 10 years after 18th birthday i want to say i have a chance

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Expert:  psimmons replied 271 days and 19 hours ago.

Wait one...

Customer replied 271 days and 19 hours ago.

ok my sis says he took Plea Bargain for my relatives case so she thinks they dropped mine. is that dbl jeopardy or something? im sorry this is just eating at me

Accepted Answer

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Expert:  psimmons replied 271 days and 19 hours ago.

OK...it is 6 years. SOrry for the confusion


TITLE 13. COURTS AND COURT PROCEDURE
LIMITATION OF ACTIONS
ARTICLE 80.LIMITATIONS - PERSONAL ACTIONS

C.R.S. 13-80-103.7 (2011)

13-80-103.7. General limitation of actions - sexual assault or sexual offense against a child - six years


(1) Notwithstanding any other statute of limitations specified in this article, or any other provision of law that can be construed to reduce the statutory period set forth in this section, any Civil Action based on a sexual assault or a sexual offense against a child shall be commenced within six years after a Disability has been removed for a person under disability, as such term is defined in subsection (3.5) of this section, or within six years after a cause of action accrues, whichever occurs later, and not thereafter. Nothing in this section shall be construed to extend the statutory period with respect to vicarious liability.


So six years from turning 18


And yes...if he took a plea, then the state could no longer prosecute the case (since once he takes the plea jeopardy attaches and he can not be charged criminally for the same conduct.

SOrry for the confusion

Expert TypeAttorney
Category: Legal
Pos. Feedback: 98.5 %
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Answered: 7/13/2012

Experience: Law Degree, 12 Years of trial experience

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