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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32369
Experience:  Began practicing law in 1992
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I was convicted for assault of a child in 1992...served 20

Customer Question

I was convicted for sexual assault of a child in 1992...served 20 flat years...now I'm told that I'm under investigation of the second person that was there but refused to testify then...no assault occurred but the case is being investigated against me for possible charges now...can they wait for over 25 years to decide to possibly prosecute me?? They all knew where I was for that 20 years...now I have turned my life around and doing great...please respond soon....thank you so very much
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

What are they alleging was done to the second child? How old were they at the time?

Customer: replied 2 months ago.
They want me to come in and give a statement..they haven't said what I was supposed to do...just under investigation
Customer: replied 2 months ago.
I'm still on parole from the charge I did the 20 years for...the same case but separate girl...both were 10 I believe
Customer: replied 2 months ago.
Hello...are you still there??? What do I do now????
Expert:  Dwayne B. replied 2 months ago.

I'm here, please be patient as I have to research issues and may be working with more than one person at a time.

Customer: replied 2 months ago.
Ok...sorry
Expert:  Dwayne B. replied 2 months ago.

No problem. I can imagine you're anxious about this.

You absolutely do not want to go in and give a statement without a lawyer representing you.

Expert:  Dwayne B. replied 2 months ago.

The statute of limitations (SOL) has changed repeatedly over the years. You will want the lawyer to look carefully at it because if the SOL has ever expired then they can't restart it by changing the law.

Customer: replied 2 months ago.
I should contact my parole officer and tell him correct??? Since it happened before I was on parole can they violate me??/
Expert:  Dwayne B. replied 2 months ago.

They can't violate you for something that happened before you were on parole.

Customer: replied 2 months ago.
Do you have any idea the cost of an attorney for something like this???
Expert:  Dwayne B. replied 2 months ago.

It depends on how far it goes. They won't charge much just to sit with you for the interview, although they may tell you not to give a statement at all, and the research won't take more than a few hours.

If they charge you then it gets much more expensive, of course.

Customer: replied 2 months ago.
I tried to give him my statement over the phone but he wouldn't listen...and said there's no statue of limitations on a sexual assa
Expert:  Dwayne B. replied 2 months ago.

There is no statute of limitations now but there was at one time. Over the years it has changed repeatedly. If you happened to be lucky enough or the statute of limitations to have expired on the charge before the new law kicked in and extended it then it can never be restarted.

Who did you try to give you statement to?

Customer: replied 2 months ago.
I believe there were no statue of limitations when I caught the case originally...it changed after I was already in and serving my time...I just tried to tell the investigating officer I couldn't get off work and wanted him to know I'm not the person I was then and I'm doing everything I'm supposed to be doing and staying in complete compliance with everything I'm supposed to do
Customer: replied 2 months ago.
Are you located in Houston TX by chance??
Customer: replied 2 months ago.
Are the new SOL laws retroactive???
Customer: replied 2 months ago.
My case was back in 1992...February
Customer: replied 2 months ago.
30 year sentence
Expert:  Dwayne B. replied 2 months ago.

Twenty or so years ago there was a statute of limitations, I just don't remember what it was or when it changed.

I'm not in Houston and the experts here can't take cases from customers of the website anyway. It's forbidden by our agreement with the website.

The new SOL laws are retroactive but not if the SOL has expired. Once it expires if you haven't been charged then they can't charge you even if they change the law. However, if hey change the law before it expires then they can still charge you. It is very confusing to a layman and lawyer have to sit down with the laws and draw a chart, normally, to determine when the SOL has expired.

Customer: replied 2 months ago.
Ok..so basically what I'm hearing from your advice is DO NOT go in and give them a statement and let the prosecutor do what they are going to do???
Expert:  Dwayne B. replied 2 months ago.

Not exactly. Hire a lawyer and follow their advice. I, personally only let clients give statements in maybe 5% of the cases. However, some lawyers like for their clients to give statements so long as they are there to watch over what happens, explain what the questions mean or ask the police to explain what they mean, etc.

Expert:  Dwayne B. replied 2 months ago.

I am going to step away for about an hour. I will check back in when I return.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
Can you possibly check on the statue of limitations here? What year the law changed or ended and started again...PLEASE????
Customer: replied 2 months ago.
Please contact me when you come back
Expert:  Dwayne B. replied 2 months ago.

Unfortunately, I don't have all of those statutes. What you have to do is go back through each year of the codes and look to see what it says and when it changed. to do that you either have to keep all of your old statutes, which most of us don't, or you have to go to a law library and dig though their old copies. Like most people to save on space I throw away copies after a year or two.

Expert:  Dwayne B. replied 2 months ago.

Otherwise my library would be bigger than my office. The paid services I use don't have the old statutes either as far as I know.

Expert:  Dwayne B. replied 2 months ago.

I am about to logoff for the evening but will be back online tomorrow morning.

If your question has been answered then I'd ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
No my question was not answered...I need to know if the statue of limitations apply to my case and time frame...February 1992
Expert:  Dwayne B. replied 2 months ago.

I am going to opt out. Your question was can they wait for 25 years to decide to possibly prosecute you, and I answered that. Now you're asking about the possible statute of limitations which requires extensive research. I answered your original question plus additional ones.

Customer: replied 2 months ago.
sorry you feel that way I'm just asking if I have any legal standings to legally fight this case without spending a handful of money that I just don't have...I really couldn't afford this"free" advice that I had to pay for...sorry