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  1. #1
    Join Date
    Jun 2009
    Posts
    1

    Default Active Investigation and Due Process

    My question involves criminal law for the state of: Arizona.

    After my ex-wife left me she filed a police report saying I molested her (not mine) daughters and had child porn on the computer. None of it was true, it was just a way for her to have an excuse to file a restraining order against me and keep me away. She did something similar to her first husband before me by filing rape charges against him.

    Anyways, it's been almost 3 years and the case is still open and active. No police or anyone has ever talked to me. No charges or anything have ever been filed. They still have the computers they took (they won't find anything on them because the accusations are not true-I am 100% confident on this)

    My question is this: How long do they have to keep a case open and active without doing anything? I talked to the Detective (Pinal County Sherriff) and he says they are short on investigators and he is not even full time so they don't have time to investigate it now. He said there are other higher priority cases ahead of mine and as new higher priority cases come in, those get handled ahead of mine. He had no idea when he would have time to get to my case and investigate it.

    Can they just keep it open until they find some time to investigate? This is affecting my life as it's been almost 3 years since she filed the report.

    Thanks for any responses.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Active Investigation and Due Process

    They can keep it open forever if they want to.

    How is an open investigation effecting your life? I suspect that the computers have been replaced by now. If not, you might consider hiring an attorney and going to court asking for them to be returned.

    In any event, try not to stress about it. They can officially close it and still work it, so the fact you know they have not come to a resolution is not entirely relevant to anything. There is likely no grand legal meaning in whether a case is "open" or "closed" aside from how it might relate to a public records' request.

    - Carl

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