QUESTION

What type of attorney do I need to sue a state and county for violating my victim rights?

Asked on Sep 04th, 2013 on Litigation - New York
More details to this question:
I was victim of rape by my father in 1990. His whereabouts have been known several times throughout the years, and even a claim of indictment being served in 2002, yet he has been free all this time. He went to the county where charges were filed and applied and received a drivers license under his real name in 2005 with no arrest. Can I sue? And if so, what type of lawyer is needed? I have been begging the county to make an arrest, and as of now he is still a free man.
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3 ANSWERS

Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Have you personally talked to the sheriff and the DA in the count y where the offense occurred? Don't tell me what you think. Tell me what you have in fact done to talk to the high sheriff and DA about the matter. and with what result?
Answered on Sep 05th, 2013 at 12:29 PM

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Ronald A. Steinberg
Unfortunately, you cannot usually sue the government for being stupid. The law of Governmental Immunity usually requires proof of gross negligence (which is almost like an intentional act), an intentional act, or a violation of your constitutional rights. In your case, the government was just normally stupid. I wish that I had the right words or suggestions to make you feel better. First, your parents (yes, both of them) failed to live up to their responsibilities as parents, then the "system" screwed up. You might go to the county prosecutor and speak directly to either him/her or an assistant; provide them with the address, name, etc. of your father and insist that they do something. It is too late to sue the SOB civilly, so your only remedy will be through the criminal court. You might talk to a lawyer about a Writ of Superintending Control to compel the prosecutor and/or the police to act.
Answered on Sep 04th, 2013 at 1:40 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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No, you have no basis for suing the public authorities.
Answered on Sep 04th, 2013 at 1:33 PM

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