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rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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If I was falsely accused of charges in open court and then ...

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If I was falsely accused of charges in open court and then the charges were dropped, can I sue the city and the state for false imprisonment, slander, defimation of character, physical and emotional stress, and monitary damages?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  rvlaw replied 8 years ago.

Hi, A person can file charges. The DA believes the person unless the story is outrageous or suspicious. If the charges are then dropped, the state is IMMUNE from suit for having brought the charges unless perhaps there was police misconduct of some kind. Plus there are many reasons why charges are dropped. You say the complainant lied. Assuming that is true, that may or may not be the reason the charges were dropped. Unfortunately our system is not set up for defendants to sue the state every time charges are dismissed or there is an acquittal.



Customer: replied 8 years ago.
I have not heard the tapes yet, but there is an indication that the statements were coerced. As well the alleged victim stood up before the court and denied the charges. It is the DA that decided to press the charges regardless.
Expert:  rvlaw replied 8 years ago.

If the statements were coerced, unfortunately that is a matter for the victim to complain about only. That said, once a person files charges, the case becomes THE PEOPLE V XXXXX XXXXX. The complainant then becomes just a witness in that prosecution and cannot just drop charges. The DA can decide the original story was the truth and can compel the complainant to testify.


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