Criminal Law Questions? Ask a Criminal Lawyer.
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It is POSSIBLE to sue for malicious prosecution and seek financial damages if charges were filed without an adequate basis and/or for an improper purpose -- such as harassing the person, ruining the person's reputation, or to knowingly place blame on someone other than the actual wrongdoer.
However, if there was justification for bringing the charges, then there's no right to sue for malicious prosecution.......it doesn't matter if the charges are dismissed or even if he was acquitted. Instead, the standard is whether or not there was any reasonable basis to bring the charges.
If your son believes that he can prove that there was no adequate basis for the charges to be brought, then he could file a civil suit against the city/county.
But, you likely won't have grounds to personally sue over this (any right to sue should be limited to your son).
Whether they covered their bases would depend on the facts....but if law enforcement had some justified basis for charging your son, it could likely avoid liability in a malicious prosecution claim.
If it was malicious, then your son would have grounds to sue for malicious prosecution. He may have to go to another county or town to find a lawyer willing to assist, but it's possible to make a claim.
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