My question involves criminal law for the state of: utah
On March 29th 2012 I was charged with aggravated assault. I of course
did not commit, it was a false accusation. It was my ex girlfriend.
Her friend was on the phone at the time who claims she didn't hear my
threaten her. 2 neighbors also witnessed it and stated they did not
see me with a weapon, act threatening at all. There were no injuries
sustained either.
My ex 2 weeks later filed an affidavit stating she wasn't in the right
state of mind and he roast abusinve relationship caused her to react
out of her normal state of mind. It was then dismissed by the
prosecutor due to contradicting statements in the affidavit and due to
witness statements also contradicting her statement.
Fast forward to now. My ex and I have been going through an ongoing
custody battle for our child. She recently filed a complain for a
protective order that reanimated the incident from 2012. Claiming her
affidavit recanting her initial allegation was conspired by my mother
and forced her to do it. She also submitted a witness statement from
her friend that stated I had punched her on another occasion. Later
finding out she forged her friends statement and signature. Her friend
(ex friend) filed a sworn affidavit stating it was not her statement
or her signature. My ex immediately dropped the protective order once
she became aware that her friend came forward.
We filed a case against her for abuse of process and malicious
prosecution. For the false protective order, fraud, and obstruction of
justice.
She still has suffered no consequence from the state even after we
provided all evidence to the DA's office.
On March 26th the District Attorney contacted my civil attorney
requesting information surrounding the creation of my ex's affidavit
in 2012, indicating he had proof that someone else helped her create
the affidavit. And he insinuated he was going to file charges against
me unless we were willing to meet and extend the statute of
limitations since it would run out Monday March 29th 2016.
My civil attorney and newly hired defense attorney both advised to
send them an email authorizing that we extend the statute of
limitations to see if we can provide him all the facts that seem to be
overlooked.
We are now pending a meeting with the DA.
Here are my concerns.
1) I was very hesitant to waive the SOL. Firstly if he had so much
proof why would he not just file it?
2) did they do it to buy themselves more time?
3) is my right of defense of sol actually waived? I did not sign
anything I did not disclose on behalf of what crime I was waiving the
statute of limitations for nor am I completely sure what I crime I was
waiving anyways since he has not stated what he was going to charge me
with.
4) I feel like I was given a threat of an ultimatum. That he would
charge me unless I agreed. I'm which case now he has more time, and
may have hopes to try and trap me in something else.
5) last is the evidence he is proposing he has now is related to
forcing my ex to file a false affidavit. One the affidavit would have
to be untrue in order for this to be a crime if my mother provide
advice or input. Two, due to the lapse of time I do not have any text
records or email records from that time nor does my mother. So we
cannot properly defend ourselves if my ex only provided the potions of
communication that benefit her case and leave out the fact that she
kept bothering my mother to find out what she could do to make it go
away. In other words, if my mother did help it was purely at be
request that she help, and my mother would have only told her to be
truthful.
Last concern and fine detail, my ex had claimed a friendship with this
district attorney that they are personal friends and this is on record
when she was being investigated by child protective services.
He states her attorney is pressuring him to file charges on me, I feel
like like the idea of this is being used as leverage to try and get me
to drop my case against her.
Any input is very very appreciated.
On March 29th 2012 I was charged with aggravated assault. I of course
did not commit, it was a false accusation. It was my ex girlfriend.
Her friend was on the phone at the time who claims she didn't hear my
threaten her. 2 neighbors also witnessed it and stated they did not
see me with a weapon, act threatening at all. There were no injuries
sustained either.
My ex 2 weeks later filed an affidavit stating she wasn't in the right
state of mind and he roast abusinve relationship caused her to react
out of her normal state of mind. It was then dismissed by the
prosecutor due to contradicting statements in the affidavit and due to
witness statements also contradicting her statement.
Fast forward to now. My ex and I have been going through an ongoing
custody battle for our child. She recently filed a complain for a
protective order that reanimated the incident from 2012. Claiming her
affidavit recanting her initial allegation was conspired by my mother
and forced her to do it. She also submitted a witness statement from
her friend that stated I had punched her on another occasion. Later
finding out she forged her friends statement and signature. Her friend
(ex friend) filed a sworn affidavit stating it was not her statement
or her signature. My ex immediately dropped the protective order once
she became aware that her friend came forward.
We filed a case against her for abuse of process and malicious
prosecution. For the false protective order, fraud, and obstruction of
justice.
She still has suffered no consequence from the state even after we
provided all evidence to the DA's office.
On March 26th the District Attorney contacted my civil attorney
requesting information surrounding the creation of my ex's affidavit
in 2012, indicating he had proof that someone else helped her create
the affidavit. And he insinuated he was going to file charges against
me unless we were willing to meet and extend the statute of
limitations since it would run out Monday March 29th 2016.
My civil attorney and newly hired defense attorney both advised to
send them an email authorizing that we extend the statute of
limitations to see if we can provide him all the facts that seem to be
overlooked.
We are now pending a meeting with the DA.
Here are my concerns.
1) I was very hesitant to waive the SOL. Firstly if he had so much
proof why would he not just file it?
2) did they do it to buy themselves more time?
3) is my right of defense of sol actually waived? I did not sign
anything I did not disclose on behalf of what crime I was waiving the
statute of limitations for nor am I completely sure what I crime I was
waiving anyways since he has not stated what he was going to charge me
with.
4) I feel like I was given a threat of an ultimatum. That he would
charge me unless I agreed. I'm which case now he has more time, and
may have hopes to try and trap me in something else.
5) last is the evidence he is proposing he has now is related to
forcing my ex to file a false affidavit. One the affidavit would have
to be untrue in order for this to be a crime if my mother provide
advice or input. Two, due to the lapse of time I do not have any text
records or email records from that time nor does my mother. So we
cannot properly defend ourselves if my ex only provided the potions of
communication that benefit her case and leave out the fact that she
kept bothering my mother to find out what she could do to make it go
away. In other words, if my mother did help it was purely at be
request that she help, and my mother would have only told her to be
truthful.
Last concern and fine detail, my ex had claimed a friendship with this
district attorney that they are personal friends and this is on record
when she was being investigated by child protective services.
He states her attorney is pressuring him to file charges on me, I feel
like like the idea of this is being used as leverage to try and get me
to drop my case against her.
Any input is very very appreciated.
Assault & Battery: Waiver of Statute of Limitations
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