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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118811
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Tina, i am oversees but i lived in sarasota florida about

Customer Question

hi tina
JA: What state are you in? It matters because laws vary by location.
Customer: i am oversees but i lived in sarasota florida about this matter
JA: Has anything been filed or reported?
Customer: yes I was arressted and charged with entering and unoccupied residence when that person was not home a feleny charge it was reduced to trespassing it was my ex fiance we where engaged 12 hours earlier and she called the police when i came back to get my belongings they originally had me down for 4 other charges charges including petty theft, burglary, forced entry, and something else
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes I want to sue them all either for criminal or civil charges
Submitted: 5 months ago.
Category: Criminal Law
Customer: replied 5 months ago.
florida
Customer: replied 5 months ago.
i live overseas give me your number i will call you via skype
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to sue for malicious prosecution in FL, which is what your claim above describes, you must have evidence of the false charges against you brought to court. The law in Florida is well-settled that a malicious prosecution action requires the occurrence of the following five elements: (1) a criminal or civil judicial proceeding was commenced against the plaintiff; (2) the proceeding was instigated by the defendant; (3) the proceeding ended in favor of the plaintiff; (4) the proceeding was instigated with malice or without probable cause; and (5) the plaintiff suffered damages as a result of the defendant’s filing of the litigation. Kalt v. Dollar Rent-A-Car, 422 So. 2d 1031 (Fla. 3d DCA 1982).
So, you would need to show that the ex filed false charges against you with malice in order to sue her for the malicious prosecution to seek damages from her for those charges.
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