my boyfriend had to spend weeks in jail because nobody could afford his bail. turns out the person that put him in jail (that he had made mad) knew someone and had him slapped with dozens of erroneous charges. then all the charges were later dropped before trial because they were not true and would not stand up in court. how can they get away with this?? he wasted weeks of his life in jail and he now has tons of legal debt.
2006-10-04 09:01:20 · 20 answers · asked by anonymous 6 in Politics & Government ➔ Law Enforcement & Police
You can sue for a lot of things. First off you can sue the complaining party for making the false allegations--if spoken you sue for slander if written you sue for libel, both are forms of defamation of character. You also sue that person for abuse of process--i.e. making false statements to authorities causing them act. You might also sue the arresting authority, this is tougher, but if you can show they didn't investigate or investigated poorly and could have discovered that the allegations were untrue or knew them to be untrue, you might also get them for violating your civil rights. You need a good attorney to do this. Contrary to what others are saying your damages are not just the debts incurred, you would be intitled to damages for your deprivation of liberty as well and since this also amounts to false imprisonment and other tortious or even criminal conduct, if you win you are entitled to punitive damages as well--classically measured at 3 to 5 times the debt incurred.
I would go after these characters like a bull dog. You should realize that it will be harder to get at the authorities involved since their actions have a presumption of sovereign immunity...you first have to show that they either acted outside their authority or acted within it knowing the claims to be untrue. A harder burdent to prove, but the person who made them act with untrue allegations could be in a heap of trouble. But remember, anything he said would be okay if it turns out to be the truth.
--Lawyer here
2006-10-04 09:10:25 · answer #1 · answered by William E 5 · 2⤊ 0⤋
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2016-06-10 22:54:39 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Falsely Accused Of A Crime
2016-10-06 12:42:42 · answer #3 · answered by ? 4 · 0⤊ 0⤋
I would contact a civil trail lawyer if I were you and explain my situation to him/her. A large part of civil trail lawyers usually don't charge you anything legal fees unless you win the case in court. But to answer your question, YES......you can sue the living hell out of this person. The government does it all the time to regular people. Remember about six or nine months ago, the case of the runaway bride. Anyways, she runaway to Mexico the day of her wedding and had half of America looking for her and it turned out that she made some story about her being kidnapped by Mexicans which wasn't true. Well, she was taken to court for wasting the time of law enforcement agents, gas in which the vehicles used while looking for her and several other things like ****filing false charges****. Let me know how this turns out. My email is mazdarider23@yahoo.com.
2006-10-04 09:10:03 · answer #4 · answered by S. Cruz 1 · 1⤊ 0⤋
This Site Might Help You.
RE:
can you sue someone for falsely accusing you of a crime?
my boyfriend had to spend weeks in jail because nobody could afford his bail. turns out the person that put him in jail (that he had made mad) knew someone and had him slapped with dozens of erroneous charges. then all the charges were later dropped before trial because they were not true and would...
2015-08-20 16:46:10 · answer #5 · answered by Tomkin 1 · 0⤊ 0⤋
It depends on your state laws but some states allow you to sue someone for wrongful prosecution. Go see an attorney. Usually a consultation is free. The attorney listens to your story and then tells you whether you have a case.
2006-10-05 09:06:34 · answer #6 · answered by Sara D 2 · 0⤊ 0⤋
Can I civil sue someone who falsely accused me of abuse after the fact and for being found innocent? Is there a statute of limitations for suing someone who accused you falsely and had you arrested
2015-04-13 23:38:12 · answer #7 · answered by Warren 1 · 0⤊ 0⤋
Yes, you can. Go talk to an attorney. You can sue for the amount of debt that situation has caused....among other things. Seriously, go talk to a lawyer.
2006-10-04 09:03:24 · answer #8 · answered by Anonymous · 1⤊ 0⤋
you can sue almost anyone for almost anything. in order
to collect you must be able to prove the accusations
were done with malicious intent. you could collect from
law enforcement only if you can prove they had reason
to believe the charges were false.
2006-10-04 09:12:22 · answer #9 · answered by Anonymous · 0⤊ 0⤋
As far as I know, unless you can sue for slander, you are fighting a losing cause.
Contact a lawyer.
2006-10-04 09:04:18 · answer #10 · answered by Anonymous · 1⤊ 0⤋