Can my Son file a lawsuit?

[catty43]

My son was recently incarcerated for criminal trespass...we feel we will win this case on December 1st and were wondering if we could file a lawsuit against the person(s) who had him arrested for this charge. I am asking this because we felt this was a domestic dispute (between a girlfriend's mother and my son) My son had lived with his now ex-girlfriend and her mother for 2 1/2 years. He was invited to the girlfriend's home after their breakup and the girl's mother had him arrested because he climbed in through the bedroom window (as he always does). He did not steal anything or break anything he was there waiting for his girlfriend. Since this has happened, my son has lost his job which he just obtained 2 months ago..and since he has fines to pay he does not have any money coming in to cover his lawyer costs, medical bills, etc. It is quite a strain on myself and my husband since we are trying to pay his bills plus our own. I think this girl's mother did this to get even with our son...for what I do not know. My son also has furniture and a stereo system still at this girl's house. We are not allowed to contact these people to request these items back, his probation officer told us that this would be harrassing the victim? I would also like to know if we could also file a suit against his probation officer. His PO knew that if he was put in jail that he would lose his job and not be able to pay restitution and his PO told me he did not care. I thought PO's were supposed to help keep people out of jail, not put them in. Your thoughts on this would be greatly appreciated.

 

[ALawyer]

If your son has fines to pay he must have been found guilty of something. If that something relates to the basis of his possible claim, that would rule out the chance to sue.

And as far as suing the Probation Officer, get real. I assume there was a protective order issued compelling him to stay away and he violated it. That gets him directly to jail, do not pass go. And the PO is probably fe dup to here with your son and his attitude - they are human too.

Your son seems to have created a very serious problem of his own making. Instead of looking for people to blame and sue, as a parent who cares, I urge you to get him some counselling help to enable him to better understand the situation and what is compelling him to start to screw up him life so he can turn it around.

 

[michaela]

well done to the lawyer, it needs someone to put you rght. you need to spend some quality time mothering your son instead of trying to find someone else to blame your faults in bringing him up! get on with your life, he should pay the fine for the crime and both of you grow up.