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Brandon M.
Brandon M., Counselor at Law
Category: Legal
Satisfied Customers: 12620
Experience:  Attorney experienced in numerous areas of law.
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I was charged with dui, arrested in my yard. After 1 1/2years

Customer Question

I was charged with dui, arrested in my yard. After 1 1/2years charges are dropped. I could not get a job, my mother was stressed dealing with my situation while her husband was terminally ill. Can I sue the state?
Submitted: 3 years ago.
Category: Legal
Expert:  Brandon M. replied 3 years ago.

Brandon M. :

Hello there.

Customer :

Hello

Brandon M. :

Hello, thank you for your question.

Brandon M. :

I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the question of whether someone can sue the state for a prosecution that ends in dismissal is a common one. The answer depends on the circumstances. The state cannot be successfully sued simply because the case ends in a result favorable to the defendant. Instead, it depends on the state's conduct...

Customer :

Do not really understand your answer.

Brandon M. :

It is possible to sue a state for "malicious prosecution" if three criteria are met. First, the prosecution must be initiated intentionally and maliciously. Second, it must be brought without probable cause. Third, it must be dismissed in favor of the victim....

Brandon M. :

Yes, I am still typing. Thank you for your patience.

Brandon M. :

So the answer is "yes" the state can be sued for malicious prosecution as long as those three criteria are met.

Brandon M. :

The prosecution must be intentional and malicious. The prosecution must be brought without probable cause. Last, it must be dismissed in the victims favor.

Customer :

I really think I need to talk to an attorney in person and discuss the case in details.

Brandon M. :

If it is not intentional and malicious, or if it is not brought with probable cause, getting a dismissal isn't enough.

Brandon M. :

I always try to help in every way possible, but some matters do require the customer to meet with an attorney in person. I'm really sorry if my information was not helpful, but please let me know if I can do anything else to clarify or help. Thanks.