is it possible for a case to be reopened after being closed for (no information)? the charges were child abuse and drug possession. no one can explain to me what happened. i was there when the arrest occured and witnessed everything. what is the law around evidence suppression? how can i get it reopened to protect the victim who is my 2yr old son?
Answer
Yes. Cases that have been "No Infoed" can be reopened for up to the time the statute of limitations occurs. A child abuse case depending on the facts of the case has a certain period of time within which the case can be brought. Up until that time the case can be reopened.
The fact that it was no infoed indicates to me that although there was probable cause to arrest, there was not evidence beyond a reasonable doubt for the prosecutor to convict and thus he did not formally charge the perpetrator.
Bring the prosecutor evidence. With a two year old you will need an eyewitness or medical evidence that will prove the charge. The eye witness should be credible and without an agenda. Ask for a meeting with the prosecutor, as the victim's parent you have a right to an explanation.
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