What Can I do to recover Costs?

Question

I had been accused of burglary, but the evidence and witnesses proved I was nowhere near the place. I had over $13,000 in attorney fees and additional lost wages of about $5,000. Is there anything I can do to recover these costs and start damage control on my reputation from the lies and rumors that were started because of this?

I was accused by a private person. The police questioned me and asked if anyone could vouch for my side of the story. When I said that my gf could, they placed me under arrest without asking her anything.

Answer 1

You might be able to bring a charge of slander or libel if a private person was the one who falsely accused you of the crime. If the police accused you, you can't sue them because their actions are priviliged.

At least you were acquitted, so even though it is hard, you should move on if you have no case to bring. You can tell everyone that you were found innocent of all charges.

Dana (attorney)

Answer 2

You may consider bring a malicious prosecution action against your accuser.

Typically, to prevail in a malicious prosecution claim against another, you must show: (1) That they instigated criminal process against you, such as by swearing out a warrant, (2) That they had no probable cause for instigating that process, and (3) That you received a non-detrimental outcome to you at court.

"Probable cause" for reporting the crime is the same standard as the cops would have in arresting you. It is legally defined as "a reasonable ground in fact and circumstance for a belief in the existence of certain circumstances (as that an offense has been or is being committed, that a person is guilty of an offense, that a particular search will uncover contraband, that an item to be seized is in a particular place, or that a specific fact or cause of action exists) when supported by probable cause, warrantless search of vehicle may extend to every part of vehicle where objects of search might be concealed" State v. Nixon, 593 N.E.2d 1210 (1992).

Some terminology: When there's probable cause there's "legal malice", i.e. they instigator may not have had malice or spite towards you, but his/her actions will still be considered "malicious" for all intents and purpose in a malicious prosecution claim. If only legal malice is present, then a plaintiff can recover only compensatory damages--a pure monetary recovery equal to the harm done measured by dollars and cents. However, if a plaintiff can show "actual malice", he/she will be able to recovery punitive damages against the instigator, an additional amount meant to punitive the defendant and deter similar behavior.

"Actual Malice" can be the dictionary definition of malice: ill-will, spite, hatred, etc. But it can also be "a willful disregard for the rights of others". An extreme example is in an old Virginia case where a defendant, trying to collect on a debt, chased down the plaintiff in his car, ran him over, and kept people from helping him. When he got to court, the defendant claimed that his actions were nothing personal, that he just wanted money that he felt was owed to him. Although the court didn't disagree with his statement, they still found malice because he wilfully disregarded the plaintiff's rights.

Defamation claims may also be valid, but are hard cases. Since truth of an alledgely false assertion is a defense against the claim, the opponent can drag you through the mud all over again in court. Also, since harm to your reputation is the measure of damages, you may not recover much if you're unkown or infamous anyway.

You'll also want to consider if the person who falsy accused you has assets and income you can collect on.

You may also want to look for statutory remedies in your jurisdiction and consult with a lawyer licensed therein for how these general legal principals apply to local laws and your particular facts. THIS IS NOT LEGAL ADVICE AND DOESN'T FORM AN ATTORNEY CLIENT RELATIONSHIP BETWEEN YOU AND ME.

Answer 3

Sad to say, probably not.