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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31660
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My criminal case was nolle pressed for good cause can i file

Customer Question

my criminal case was nolle pressed for good cause can i file a false arrest lawsuit?
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: it took place in Arkansas 12/915
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: no
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Roger replied 10 months ago.

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

Just because your case is dismissed, nolle prosequied, or if you were acquitted doesn't mean that you can sue for false arrest, malicious prosecution, abuse of process, etc.

Expert:  Roger replied 10 months ago.

Instead, you'd have to prove that the officers had no probable cause to arrest and charge you.

Expert:  Roger replied 10 months ago.

Often, this is a very difficult standard because probable cause is subjective, and it only requires the particular officer to believe there is sufficient evidence or circumstances to believe a crime is or has been committed.

Expert:  Roger replied 10 months ago.

IF you believe you can prove that, then it is possible to sue for damages.

Expert:  Roger replied 10 months ago.

Please let me know if you need anything further. Thanks.

Expert:  Roger replied 10 months ago.

Hi - I was checking in to see if you need anything further. If so, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!