If a person is wrongly accused of a crime and goes to trial but is acquitted (found not guilty) or the charges thrown out (dismissed), can the formerly accused defendant then sue the law enforcement agency who arrested him/her and/or the county or DA of the county which brought the charge(s)?
If so, how much can they sue for if the charge damaged their reputation, future employment/happiness or livelihood?
Let's say that a man is charged with rape, but he never raped anyone, is acquitted but the mere fact he was charged and on television ruins his career and possibly even his future employment. Can he sue for lost wages and/or future lost wages?
I see so many women filing false charges against me lately that I have come to the not-so-nice conclusion that not only are many of the women doing it as a smear campaign, but the overzealous DAs and LEOs are also seemingly in on the act, too. Sad, but possibly true.
Paul
2006-10-12 20:48:59 · 10 answers · asked by dunric 1 in Politics & Government ➔ Law Enforcement & Police
me = men. Typo.
Paul
2006-10-12 20:49:46 · update #1
What statistics do you happen to have to show how many claims of sexual assault are false. Most or not false accusations. Do you really think you will be allowed to sue because you were prosecuted for rape. So now the entire legal system will be hesitant to not charge someone for rape, because god forbid she really was or takes her "complaints" to the media. At the same time they will be hesitant to prosecute because, god forbid, the suspect be found not guilty they can be sued. And if a woman were to make a false complaint, how is it the court or the law enforcement agency's fault? The system is set up for a reason and that is to protect people. Do people get falsely accused? Yea it happens. That often? No, their is no conspiracy that women use the system against men. Sounds to me like you are trying to blame everyone except yourself. Keep your hands to yourself and you'll be just fine.
2006-10-13 01:52:46 · answer #1 · answered by Judge Dredd 5 · 1⤊ 0⤋
Malicious prosecution is knowingly prosecuting you for something you didn't do just to get at you. It doesn't mean writing you a ticket you disagree with. Go to court and fight it if you think it's wrong.
2016-05-21 22:20:34 · answer #2 · answered by ? 4 · 0⤊ 0⤋
File a case for illegal arrest, arbitrary detention and malicious prosecution against the law enforcement personnel and/or agencies. Likewise, file a civil case to collect actual, moral and exemplary damages against the said law enforcement personnel and/or agencies.
2006-10-12 20:53:55 · answer #3 · answered by FRAGINAL, JTM 7 · 1⤊ 1⤋
Malicious prosecution is what it says. What are your allegations of maliciousness. If the police simply made a mistake there is no evidence of malicious intent. These types of actions are difficult to prove. Especially in the US
2006-10-12 20:51:28 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Yoy can sue the police for false arrest, and defamation of character, but not for malicious prosecution, the DA is the one to sue for that.
2006-10-13 01:01:31 · answer #5 · answered by WC 7 · 1⤊ 2⤋
Sue all you want, but if you make claims against the cops, and they didn't malicious go after you, then they can counter sue. Guess what happens when you lose.
2006-10-13 00:44:27 · answer #6 · answered by Meow the cat 4 · 0⤊ 2⤋
Oh yeah, us women are that evil... We always pick on the good ones.
2006-10-13 00:39:33 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Talk to a lawyer.
2006-10-12 20:51:45 · answer #8 · answered by Dr Dee 7 · 1⤊ 0⤋
No. Be glad you were not wrongly convicted.
2006-10-12 21:08:59 · answer #9 · answered by saturn 7 · 1⤊ 2⤋
good luck
2006-10-12 21:03:08 · answer #10 · answered by acid tongue 7 · 0⤊ 1⤋