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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25988
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I sue if I was locked up falsely accused was

Customer Question

Can I sue for damages if I was locked up falsely accused was acquitted of all charges?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
You can always sue. The better question is whether you can prevail. A suit for malicious prosecution is difficult to win because it's not enough that you were acquitted of all of the charges.
You would need to establish that:
you would need to establish in your suit that the defendant initiated proceedings against you
1) without probable cause
2) with malicious intent;
3) the proceedings ended favorably for you;
4) you sustained damages.
___
It's the first and second components that are the tricky part, particularly if you plan on including the police and/or the county in your suit along with the person who falsely accused you. The word of a credible complainant, even if it later turns out that he or she was a liar, will generally be enough to give the police probable cause to arrest and the prosecutor the probable cause to file charges and even to secure an indictment.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Zoey_ JD replied 2 years ago.
If you have a follow up, please use the reply tab below to continue with this question.
Customer: replied 2 years ago.
Yes i have established these injuries due to there actions. I want to get a suit going right away.
Expert:  Zoey_ JD replied 2 years ago.
Then if you believe that you can establish each of the elements of malicious prosecution, you would need to consult with a civil litigator (trial lawyer) who handles intentional torts such as this one. A litigator in general practice would typically have experience in this area.
If you're not sure where to find one, you could contact the Minnesota Bar Association's Lawyer Referral Service, and they could direct you to one. They charge a fee of around $50 for the referral, but that includes a free half hour consultation with the lawyer.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=MN
You could also try a commercial referral service. One that has a fine reputation and which has been around for a very long time is Martindale.com. Many of Martindale's lawyers are peer and client rated, which some customers find helpful to narrow down their choices.
Customer: replied 2 years ago.
Yes i thought the fee for the information was $5. Why was i charged $50?
Expert:  Zoey_ JD replied 2 years ago.
Experts have nothing to do with customer membership or billing. For a question about that, please contact customer service at***@******.*** and they will email you with an explanation.