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I was falsely accused of child abuse in 2013... Arlington,

Customer Question
Hi Pearl...My name is...

Hi Pearl...My name is ***** ***** I was falsely accused of child sexual abuse in 2013...

Lawyer's Assistant: In what state did this occur?

Arlington, VA

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Most attorny's are saying nothing can be done...but this has affected my livihood...

Submitted: 10 months ago.Category: Criminal Law
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Answered in 4 hours by:
8/22/2017
Criminal Lawyer: Michael Gonzalez,
 replied 10 months ago
Michael Gonzalez
Category: Criminal Law
Satisfied Customers: 608
Experience: Managing Member at EWF Title, LLC
Verified
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.Zevlin, I understand your frustration but there is likely no cause of action against the State or its prosecutors. These entities usually are immune from such lawsuits.A possible cause of action for malicious prosecution and/or abuse of process may be viable against the alleged victim and his/her parents if there was no evidentiary basis for the claims made.I am sorry that you have unnecessarily suffered damage to your reputation.
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Customer reply replied 10 months ago
Thank you attorney González for responding. If there is a "POSSIBLE" way as stated in the 3rd paragraph, what is that process and how do I go about it?~Zevlin
Criminal Lawyer: Michael Gonzalez,
 replied 10 months ago
The elements of an abuse of process claim are the existence of an ulterior motive and an act in the use of the process not proper in the regular prosecution of the proceedings. This would need to be proven against the victim or his/her parents. This is a civil suit against them. You would almost certainly need an attorney to succeed on such a claim.
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Customer reply replied 10 months ago
Attorney Gonzalez,
Again, I thank you for your response. I like the fact that you have offered an alternative as most attorneys have just said nothing can be done. My question to you is, are there status of limitations for the elements of an abuse of process claim? If not, what and how do I begin this process. I would like to talk with you further to discuss retainer.Sincerely,
~Zevlin
Criminal Lawyer: Michael Gonzalez,
 replied 9 months ago
A malicious prosecution case generally needs to be filed within 1 year of the conclusion of the criminal proceedings.
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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).

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