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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31015
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My son arrested and imprisoned he didn't commit. DNA

Customer Question

My son arrested and imprisoned for crime he didn't commit. DNA proved him innocent. Prosecutor nulle processed the case. And will not continue to prosecute him. Can I sue?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

It is POSSIBLE to sue for malicious prosecution and seek financial damages if charges were filed without an adequate basis and/or for an improper purpose -- such as harassing the person, ruining the person's reputation, or to knowingly place blame on someone other than the actual wrongdoer.

Expert:  Roger replied 11 months ago.

However, if there was justification for bringing the charges, then there's no right to sue for malicious prosecution.......it doesn't matter if the charges are dismissed or even if he was acquitted. Instead, the standard is whether or not there was any reasonable basis to bring the charges.

Expert:  Roger replied 11 months ago.

If your son believes that he can prove that there was no adequate basis for the charges to be brought, then he could file a civil suit against the city/county.

Expert:  Roger replied 11 months ago.

But, you likely won't have grounds to personally sue over this (any right to sue should be limited to your son).

Customer: replied 11 months ago.
Basically they covered their bases. The people in the area talked against him. And the sheriff dept. Took that and run. Dna was found on a 32 year old man for raping a 12 year old girl. But he's not being charged with the murder.
Expert:  Roger replied 11 months ago.

Whether they covered their bases would depend on the facts....but if law enforcement had some justified basis for charging your son, it could likely avoid liability in a malicious prosecution claim.

Customer: replied 11 months ago.
No. It was malicious. Let's close this case.
Expert:  Roger replied 11 months ago.

If it was malicious, then your son would have grounds to sue for malicious prosecution. He may have to go to another county or town to find a lawyer willing to assist, but it's possible to make a claim.

Expert:  Roger replied 10 months ago.

Please let me know if you need anything further. If not, please take time to positively rate our conversation so I may receive credit for assisitng. Thanks!