Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

Can I sue if I was locked up falsely accused was

Customer Question
Can I sue for damages...
Can I sue for damages if I was locked up falsely accused was acquitted of all charges?
Submitted: 2 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 minutes by:
5/14/2015
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,129
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
You can always sue. The better question is whether you can prevail. A suit for malicious prosecution is difficult to win because it's not enough that you were acquitted of all of the charges.
You would need to establish that:
you would need to establish in your suit that the defendant initiated proceedings against you
1) without probable cause
2) with malicious intent;
3) the proceedings ended favorably for you;
4) you sustained damages.
___
It's the first and second components that are the tricky part, particularly if you plan on including the police and/or the county in your suit along with the person who falsely accused you. The word of a credible complainant, even if it later turns out that he or she was a liar, will generally be enough to give the police probable cause to arrest and the prosecutor the probable cause to file charges and even to secure an indictment.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
If you have a follow up, please use the reply tab below to continue with this question.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Yes i have established these injuries due to there actions. I want to get a suit going right away.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Then if you believe that you can establish each of the elements of malicious prosecution, you would need to consult with a civil litigator (trial lawyer) who handles intentional torts such as this one. A litigator in general practice would typically have experience in this area.
If you're not sure where to find one, you could contact the Minnesota Bar Association's Lawyer Referral Service, and they could direct you to one. They charge a fee of around $50 for the referral, but that includes a free half hour consultation with the lawyer.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=MN
You could also try a commercial referral service. One that has a fine reputation and which has been around for a very long time is Martindale.com. Many of Martindale's lawyers are peer and client rated, which some customers find helpful to narrow down their choices.
Ask Your Own Criminal Law Question
Customer reply replied 2 years ago
Yes i thought the fee for the information was $5. Why was i charged $50?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Experts have nothing to do with customer membership or billing. For a question about that, please contact customer service at***@******.*** and they will email you with an explanation.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,129
28,129 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,175 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

1,812 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Can a parent prevent a child from testifying in a trial?
Can a parent prevent a child from testifying in a trial? This is in the case where the child claims to be molested and it's in the state of Ohio.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,498 satisfied customers
This one is for criminal law experts. This is just a quote
Hi this one is for criminal law experts. This is just a quote from a judge and I'm having a little bit of difficulty interpreting his meaning because he's using phrases I don't quite understand. He sa… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
This one is for criminal law experts. This is just a quote
Hi this one is for criminal law experts. This is just a quote from a judge and I'm having a little bit of difficulty interpreting his meaning because he's using phrases I don't quite understand. He sa… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
What does criminal intent or criminal contempt mean? My son
what does criminal intent or criminal contempt mean? My son is being held on this, but they won't tell him what the crime was.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
Criminal felony case in Indiana. Initial investigation
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or s… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
A friend was charged with criminal possession of a firearm,
Good afternoon. A friend was charged with criminal possession of a firearm, it was pled down to "attempted criminal possession of a firearm", and he received a 2.5 year sentence. He has already been i… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I was on Pre-trial diversion program in Texas, I got
I was on Pre-trial diversion program in Texas, I got arrested in dallas this last weekend for PI and resisting arrest. What happens now?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
When in a trial is there a sentencing guideline and the
when in a trial is there a sentencing guideline and the judge said i had a 0 rating what does that mean i have misdameanors and summaries… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
Can a defendant fire his attorney in the middle of a trial
Can a defendant fire his attorney in the middle of a trial because he is receiving inadequate counsel? The attorney in question is willing to admit to same.… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,668 satisfied customers
In osfuskee county ok in a criminal felony case do the
In osfuskee county ok in a criminal felony case do the arresting officer have only 48 hrs to submit police report and if not submitted on time is that grounds for dismissal and is there a 60day speedy… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS
I AM GOING TO A PRE-TRIAL HEARING IN THE AM AND THE CHARGE IS SHOPLIFTING BY CONCEALING MDSE - 38 VARIOUS FLOWER PACKETS VALUE UNDER $250 OFFENSE COE 266/30A/D I HAVE BEEN UNDER DOCTORS, THERAPIST, AN… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
If police search me without probable cause, will whatever
If police search me without probable cause, will whatever they find still be used against me?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
It's a criminal law question It's a criminal law question.
It's a criminal law question It's a criminal law question … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,357 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,129 satisfied customers
Criminal (murder) trial in progress in San Diego. My
Criminal (murder) trial in progress in San Diego. My daughter lives in Kansas. The paralegal for the DA sent her an email "subpoena" - must she attend? California Penal Code 1330 seems to rule out the… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have had the same officer rest me for probable cause 3xs
I have had the same officer rest me for probable cause 3xs and currently found out they have a new probable cause. They are always the same charges I'd theft. Forgery computer crimes. The victim of it… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x