Facing an epic failure

[wforneo]

I am in Minnesota.

I am the subject of an investigation for criminal sexual conduct. Sparing more detail, I will say this: too much alcohol + both passed out in the same bed + my hand ended up in a location that it should not have been, unbeknownst to me.

The sole complainant has recanted. They and I together wrote a letter to the investigator and the County Attorney telling them that we know the incident was an accident, was unintentional and was without malice; intent is required in order to be charged in Minnesota. We asked that the investigation be closed. We expected this to end the matter but I received an email from the County Attorney stating that the investigation is still open.

The complainant has now given them a sworn and notarized affidavit rebutting any and every part of the statute(s) in question and affirming that no crime was committed. The complainant asked that the investigation be closed. But the investigation remains open.

This has affected me greatly. I have a bleeding ulcer, I have started taking anti-depressants, I worry every day that they are going to show up at my home or my work and haul me away in handcuffs. I am a wreck. If I was arrested and charged with such a heinous crime, that would be the end of everything for me frankly. I'm not even talking about a conviction because, honestly, I don't see how that could happen. However I do realize that innocence is sometimes a terrible defense and I must concede that it is possible.

We do not understand why the investigation remains open being the complainant has recanted. We know that the charge is brought by the State and not the complainant, but the State has no one to support their case.

Does it seem odd or unusual for them to keep the investigation open after the complainant has recanted?

Is there any method available to compel that the investigation be concluded? If I paid an attorney to inquire as to why the investigation remains open, would the investigator or County Attorney provide them with any information?

Is there any point in time at which I could petition the court to intervene? And if so, is it possible to be done without public disclosure?

I apologize if my questions sound ignorant but I am at a loss. I honestly don't know how much longer I can hold myself together. I appreciate any assistance or input you might have.

 

[jacksgal]

Victims often recant. That is why the investigation is ongoing. If what you say is true there should no charges filed. If you dont already have an Attorney I urge you to get one

 

[wforneo]

Oh? Thank you. I didn't know, or would not have thought that it was common for victims to recant. As for the attorney - if I had the money, I would have one at this point. If charged, I will be limited to a public defender.

 

[raskalnikov]

They sometimes continue onward with domestic assaults. Often a wife at the time of an incident will want to press charges, then almost immediately recants, feels guilty. . . time passes, then the wife gets pummeled again, repeat. Which is why sometimes the State goes through with it anyway.

As a one time occurance, and if you don't have previous convictions, then at pre-trial I think the charges will be dropped or reduced to something minor.

In the mean time, I feel for what you are going through. All that not knowing and the mind thinking of the worst possible things that can happen. If you can't see a therapist, I advise doing things such as exercising more often.

As far as alcohol goes, that's a temporary solution of sorts that almost always makes things worse. I'd advise you stop drinking altogether, and if that's difficult, getting some counseling or going to a support group.

 

[wforneo]

Ah, thanks for the post. I do have a prior conviction, a felony 5th degree controlled substance conviction from twenty-one years ago. I had that conviction expunged two years ago but that does not matter as far as any future court proceedings are concerned; they would know about the expunged conviction.

Funny that you should suggest exercising because I have been thinking the same thing. Problem is, I am so depressed and preoccupied with this situation that I cannot motivate myself to do much of anything.

As for alcohol - have not had any since that night and don't really care to have any.

Am I correct in thinking that if I paid an attorney to make an inquiry as to why the investigation is still open, that they would be told nothing?

 

[wforneo]

Oh sorry, forgot to add that my only other prior since the 5th degree controlled substance is a speeding ticket in 2004. thanks.

 

[lawabidinmonkey]

Sounds like a mess. Don't worry, everything will sort it self out. Like it's been said before, these things like to play out longer than most. Find a lawyer that you can talk to in person who will give the advice you need at no cost! This should help you sort things alittle better and know what to expect. Good luck.