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
Country relating to Question: United States
State (if USA): Colorado
i have a courtcase.thinking i want to open a case
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?
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
The case that involved you, do you do you know the reason it was dismissed?
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.
How old are you today?
im 25.. 26 in sept
ThanksThat is going to be a problemThe 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 runThe 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 themNow, 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
well darn thank you for helping me. i appreciate it
WelcomeIf you have more questions, please ask, otherwise please rate so I get credit for my workPhil
phil i was looking and colorado statute of lim is 10 years after 18th birthday i want to say i have a chance
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
OK...it is 6 years. SOrry for the confusionTITLE 13. COURTS AND COURT PROCEDURE LIMITATION OF ACTIONS ARTICLE 80.LIMITATIONS - PERSONAL ACTIONSC.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 18And 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
Law Degree, 12 Years of trial experience
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