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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3054
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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There are 2 cases that resulted in a misdemeanor because of

Customer Question

There are 2 cases that resulted in a misdemeanor because of a plea bargain and are fraudulant. All the records (including the police records) indicate that the case should never have been filed. There was no evidence presented. The witnesses clearly perjured themselves (even the police notes question the statements of the witnesses and the plaintiff. Because of the seriousness of the crime and a plea bargain the case was dropped to a misdeameanor but could have ended up with a 30 year sentence. Do I have to right to a civil law suit? The other case which was also a criminal case dates back to 2002 and involves Monogram Credit Card Bank (a business card owned by a plant manager) which sued the plaintiff and his wife was closed on 10/04/02 and the file was destroyed on 11/01/2003 states that a Summ & Comp was personally served to both defendants (the owner of the card and his wife). The file is no longer online and the wife was nerved personally served. Can she obtain the records especially if there was a settlement reached between the plaintiff (owner of the business card where he worked) and the bank and his attorney? Because of a plea bargain, the divorce settlement affected her in a totally devasting way. The suffering, inability to work of the two individuals i:supposedly involved" in this criminal action which could have resulted in a 30 year sentence. There is no question that thie two defendants should have never been indicted and there is no question that the statements are fraudulant(perjury). Even the police records indicate that there were a lot of issues and questioned the validit;y of the statements. Is it of any use to file a civil law suit?
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Colleen Grady replied 10 months ago.

Hello. My name is***** have been an attorney for years. I will help you with your questions.

Expert:  Colleen Grady replied 10 months ago.

I would like to handle the cases one at a time. When did the misdemeanor plea take place?

Expert:  Colleen Grady replied 10 months ago.

I need to know where the misdemeanor case took place and the name of the court where the plea happened

Expert:  Colleen Grady replied 10 months ago.

What court in Michigan?

Expert:  Colleen Grady replied 10 months ago.

For the first case, you cannot sue for malicious prosecution in the civil court. This is because there was a plea of guilty. Here is the law:

2 Restatement Torts, 2d, § 658, pp. 416-417, provides, consistent with Michigan law, that a basic element of a cause of action for malicious prosecution is the termination of the criminal proceedings in favor of the accused.   The Restatement explains in § 659, p. 417, that criminal proceedings are terminated in favor of the accused by (1) a discharge by a magistrate at a preliminary hearing, or (2) the refusal of a grand jury to indict, or (3) the formal abandonment of the proceedings by the public prosecutor, or (4) the quashing of an indictment or information, or (5) an acquittal, or (6) a final order in favor of the accused by a trial or appellate court.   In accordance with the Restatement, courts of other jurisdictions have generally held that a proceeding is terminated in favor of the accused where its final disposition suggests that the accused is innocent.

Expert:  Colleen Grady replied 10 months ago.

I need more information on the Monogram Credit Card question. Was that a criminal case?