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xavierjd
xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I was accused and arrested of 2nd degree assault of an elderly

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I was accused and arrested of 2nd degree assault of an elderly woman approximately 10 yrs ago, it was dismissed without pregadice, after it was dismissed my attorney told me that I could not sue the cty or da because they were under a legal umbrella. I spoke with a friend who just studied law enforcement and is a police officer and is familiar with the legal system said to contact a good attorney and see if I have a case. I was dragged through the legal system brought back to court countless times and public humility. can someone help me?
Submitted: 1 year ago.
Category: Legal
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

Was the case dismissed because nothing happened? or Did the witness fail to appear? or for any other reason?

Thanks
Customer: replied 1 year ago.

nothing, I took care of this woman who was a stroke victim and could not speak and also paralyzed on 1 side of her body. her daughter who said her mom had a moment of "lucidity" told her that I supposedly raped her was nothing but a fabrication on her daughters part and rest of family. I have no clue why this happened in my life but I do know 1 thing it was a utter disgrace to me and my family, head line in town paper it was awful

Expert:  xavierjd replied 1 year ago.
Hi,

It sounds like all you were doing was trying to help someone in need, and you got stabbed in the back for doing so. It is terrible to be accused of any crime, but to be accused of a sexual assault that didn't occur is HORRID!

In the law, there is something called a "statute of limitations." It applies to both civil and criminal cases. The term "statute of limitations" is the legally prescribed time limit in which a lawsuit must be filed. Statutes of limitation differ depending on the type of legal claim and on state law. As a general rule:
  • The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
  • Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)
It sounds like the type of case you would want to file is for "malicious prosecution." That is a civil action that would allow you to sue the city, police, prosecutor for prosecuting you when they didn't have the legal right to do so.

In 2010 in the case of Turner v. Sanoski, the Wisconsin Court of Appeals addressed the statute of limitations for a malicious prosecution claim arising in Douglas County. The court stated that because malicious prosecution is an intentional tort to a person, a two year statute of limitations applies. WIS. STAT Sec. 893.57.

So, unfortunately, it is too late to file any lawsuit regarding the incident. I wish that I could have provided you with a more positive answer, but the law is clear. It would not be fair to you and would be unethical of me to give you an answer because "it is one that you want to hear."

I do hope that you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd, Attorney
Category: Legal
Satisfied Customers: 3400
Experience: 20+ yrs in criminal, landlord/tenant, family, & small claims
xavierjd and 10 other Legal Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.

Hi,

Thank you so much for the "ok service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

Customer: replied 1 year ago.


so... there is absolutely nothing that I can do about this situation?

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