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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38263
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If a child is accused of leaving terroristic voice mails and

Resolved Question:

If a child is accused of leaving terroristic voice mails and the prosecuter drops the case do the parents have a civil case against the police department or the person who choose to prosecute the child.
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your question. Please permit me to assist you with your concerns. I happen to be a New Jersey licensed professional and will do my best to assist you this evening.

 

To answer directly, the courts, the police, and the DA's office generally have immunity from suit based on bringing charges against someone else. There are some exceptions. If the DA's office knew that the charges were false from the start, there may be a basis to file suit for 'malicious prosecution'. Likewise, there may also be a civil basis to sue for defamation of character and injuries. But if the police and the DA had a valid basis to at least pursue charges initially, there are no grounds and no basis for a successful suit, the 'malicious prosecution' comes into play generally only if the prosecutor was misusing his position and intentionally pursuing knowingly bogus claims against the defendant.

 

 

Hope that helps.

Customer: replied 11 months ago.
The voicemail was clearly a boys voice but they still prosecuted my daughter. The police officer said to me yes it sounds like a boy we were trying to figure out how she changed her voice.
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up.

 

I cannot really answer whether or not the prosecution here was valid or not but that may be something that a local attorney can answer after listening to the voicemail and clockwise listen to your daughter's voice. Then perhaps if charges appeared to be trumped up, a pursuit for malicious prosecution can be done. The police are the ones who may initially charge but it is the DA's office that makes the decision as to whether to formally prosecute or not. Hope that clarifies.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38263
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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