Can I Sue My Attempted Murderer if I Survive

[mlane58]

Ok one more question that should not be asked here but please give me a clue. Can I charge this man with attempted murder? Fourteen years later?

You don't get to charge anyone with a crime, thats up to the local DA.

[theduro]

Oh, Ok
You guys have been very helpful and I thank you.

[aardvarc]

Individuals don't charge...but, you can file a police report, and the DA's office can consider bringing criminal charges. Be aware however that cases based on victims/witnesses testimony after discovery of repressed memories are excessively difficult to prosecute and if discovered as a result of mental health treatment (counseling/therapy), the defense will eat you alive on the stand with expert witnesses who will testify that such memories are not reliable. If you're going to attempt to pursue this, be emotionally prepared for the DA to tell you that they're going to either need a confession or physical evidence before they will bring charges. It's not that such cases can't be brought, and even successfully prosecuted, but such cases are super rare and usually have major factors to indicate guilt other than victim testimony alone.

[BOR]

Ok one more question that should not be asked here but please give me a clue. Can I charge this man with attempted murder? Fourteen years later?

If I am reading the law correctly, such prosecution must be commenced within 2 years for a crime that was attempted, but not completed, (abscond exception).

Repressive memories that have come to light are not considered a tolling of the statute, such as child abuse, etc. As Catherine points out, regardless of any limitation of prosecution, even if I am reading the statute wrong, unless such evidence were so weighty in your favor as to leave no question about a conviction "beyond a reasonable doubt", as the Constitution requires, no Prosecutor will risk a fortune in taxpayer money to try such a case, and especially if the supposed defendant is serving life.


http://www.mscode.com/free/statutes/99/001/0005.htm



Oh to add, he must have fled the state within the 2 year window, IMO. Say he left after 3 years, such abscond exception would not apply. I am quoting current listing. IF the statute were worded different 14 years ago, it is hard to tell from the legislative history, it "may" be within such limitation period.

Of course this takes an evaluation by an attorney/DA.

I would NOT hold out any hope.

It is best to move on in life. Best wishes.

[Another Demise]

i dot think you can be alive and he be your murderer unless u were killed and declared clinically dead then revived. rather or ot in theory that would make you a 14 year old minor idk. Unless hes got book deals coming or has money or assets your just requesting a useless formality. of course maybe no one believed your story and a conviction is closure on that?

[cyjeff]

Ok one more question that should not be asked here but please give me a clue. Can I charge this man with attempted murder? Fourteen years later?

You can, but why?

If he admitted to 49 murders, your crime won't put him in a smaller cell. In fact, it is unlikely that a DA will pick up the case because there is nothing to gain.