Weaverville, NC asked in Civil Litigation and Criminal Law for Florida

Q: Attempt mur n FL 43ys ago on 10y old boy, ☎️law did nothing & DCF also. Boy n NC

My mother tried to kill me 43 years ago, with a frying pan. I gave a statement to Buncombe county sheriffs office about a month ago however, I have not heard back from them maybe because it’s a case that comes out of Florida. I want to know before going down there to press charges against her if I need an attorney because that’s not the first time she tried to kill me, I called the police when I was 10 years old. They came out to the house and they did nothing. DCF in New Jersey sent me back to live with her because they couldn’t place a black child in a white foster home back then I was in three different foster homes in New Jersey where I was sexually molested four times yet DCF did nothing I’ve already called Tampa police department. They told me to come down there to fill out a report and the state attorneys office told me to do the same, but my situation will implicate the police department and DCF. My mother is currently waiting for me to come down there now to have her arrested.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Sorry to hear about your terrible ordeal. What I'm about to tell you here is not a reliable professional opinion; for that, you need to schedule a consultation with an attorney with expertise in Florida criminal homicide laws, and you should be able to arrange a virtual or telephonic consultation. I would be surprised if your mother can be charged with a crime committed against you over four years ago. My understanding is that attempted murder is classified as a first degree felony, and that the statute of limitations period applicable to first degree felonies is four years. In any event, if you are able to press charges, you are not required to have your own attorney to do so, nor should you need one. If I were you, I would FIRST ask the Fla. authorities about the statute of limitations issue, as a starting point, then consult an attorney.

You did not inquire as to suing your mother for money damages. That would be subject to a four-year limitations period. Technically, you have the right to file suit against her, but she would have the right to raise the statute of limitations period as a defense, and if she does so, the suit would be dismissed.

Regarding the individual(s) who sexually molested you in NJ, if I were you, I'd find out if it's still possible to take action for that, if you have not already looked into that by conferring with NJ authorities and/or a NJ attorney with expertise in that issue.

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