malicious prosecution

[CBAJ3]

What is the name of your state (only U.S. law)? virginia

i had a guy prosecuted for selling drugs from my apartment and his friend for making threatning calls! they conspired with one of thier friends,staged a crime scene and the police acted on it. i was arrested and charged with horrible stuff! robbery,kidnapping,home invasion and other crimes. the charges were nolle pross in low court! my cell phone and friends proved where i was at the time! the case cost me and my family over 15000 dollars. im having trouble finding a civil atty. i want this guy sued for my money and damages as well as prosecuted. and i need to know how can i protect myself from the guys when i sue from getting someone else to try to frame me again! i do meet all the requirements to win a civil suit according to my research

 

[Rexlan]

What is the name of your state (only U.S. law)? virginia

i had a guy prosecuted for selling drugs from my apartment and his friend for making threatning calls! they conspired with one of thier friends,staged a crime scene and the police acted on it. i was arrested and charged with horrible stuff! robbery,kidnapping,home invasion and other crimes. the charges were nolle pross in low court! my cell phone and friends proved where i was at the time! the case cost me and my family over 15000 dollars. im having trouble finding a civil atty. i want this guy sued for my money and damages as well as prosecuted. and i need to know how can i protect myself from the guys when i sue from getting someone else to try to frame me again! i do meet all the requirements to win a civil suit according to my research

The first thing you should do is go back to the Commonwealths Attorney now and ask to have the case expunged from the record., You are entitled to that and as of today you have a criminal record. A nolle prosequi leaves a record behind that simply says you were charged but not prosecuted for those crimes.

If the local Commonwealths Attorney gives you the fast shuffle about how hard that is to do or that it is not necessary you need to get an attorney to do it for you. You can force them to do it in this case and you should easily win on that issue. Don't be fooled by the Commonwealths Attorney who will tell you it means the same thing ... it does not.

Second you need to determine if the party you wish to file you malicious prosecution case against can pay if you win. It they have no assets then forget it and move on. If they do, then you should be able to retain counsel on contingency. Talk to a couple of attorneys. A nolle prosequi will satisfy the test of a successful outcome for the crime/s you were charged with even though they will argue otherwise. There is a lot of case law on it. Winning a case against dead beat defendants will just cost you more money so be sure it is worth the effort.

A side note: Commonwealth Attorneys in Virgina are overworked for the most part and there is a lot of good-ole-boy stuff that goes on behind the scenes. An expungement is a simple one piece of paper event if you have one that will cooperate. It is done locally and not through the AG. If the Commonwealths Attorney will consent the judge will sign the order and make it happen. This will remove the record of the arrest.