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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 26792
Experience:  Active member of the NYS bar since 1989
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In December of 2014 my boyfriend got arrested

Customer Question

In December of 2014 my boyfriend got arrested for aggravated assault. He has dual citizenship in Ireland and the United States. For some reason, the charges were dropped after he spent $10-20K for an attorney. I want to reopen the case. They had to release him after seven day because they said the paperwork never came through (not sure what that means). I want to know if I am still able to reopen the case. I also co-signed on a car for him. He left the country to go back to Ireland and he left me with the remaining $8k loan, which I paid off. Is there anyway to get that money back from him? If I can still do something about it, I have no idea how to go about it.
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello, In what state was your ex charged with assault? Do you know why charges were dismissed as to him?
Customer: replied 1 year ago.
Arizona. And I have NO idea why they were dismissed. Something about paperwork in jail they said that didn't get to them in time. I have the booking number and all the paperwork they sent to me, but I don't know how to find anything out, I called the detective a few times but never got a response
Expert:  Zoey, JD replied 1 year ago.
It's not possible for me to tell you whether you can reopen this case or not. It all depends on why/how it was dismissed and whether it was dismissed with or without prejudice. If it was dismissed without prejudice, the prosecutor could file it again. If it was dismissed with prejudice, he would not be able to do so. The best thing to do would be to contact the prosecutor's office and ask to talk to the prosecutor who handled your boyfriend's case. He or she could tell you why the case was dismissed and whether you could reopen it. The civil matter is more complex. You could take him to small claims court here and likely get a civil judgment for the money he owes you, probably by default since he likely wouldn't show up. But whether or not the courts of Ireland would be willing to enforce that judgment so that you would get your money over here is a whole other issue and would involve you needing representation over in Ireland. If he still has assets over here, you could attach them if you got a judgment. Who has the car?
Customer: replied 1 year ago.
I still have the car. I paid it off in a lump-sum so I wouldn't have to pay the interest. He's back in Ireland.
Customer: replied 1 year ago.
I can fly over to Ireland anytime, no problem. It would be wise to get an attorney over there? I have his parents address, I'm just not sure where he's staying now, or how to go about it.
Expert:  Zoey, JD replied 1 year ago.
I understand that he's back in Ireland, which of course is the problem. As I've said you could sue him here and possibly win a default judgment. Then you could attach the car if it's in his name. Yes, it may be easier to sue in Ireland, but chances are you may only wind up with the car.