criminal trial - reimbursement

[alaska-hunter]

What is the name of your state? Alaska

Basically I was charged with 4 counts of transporting big game hunters, we went to trial, and after the state rested, we didn't present a case, we immed. rested, and my lawyer did a motion to throw out my case due to the state not proving their case, the judge sided with us and in fact, threw the charges out

Now, I paid my lawyer $7,000, is there anyway to get the state to reimburse me the fees because of the fact that they didn't prove their case and wrongly persecuted?

 

[oberauerdorf]

No you can't, because the truth is that was your decission when you could have elected a public defender and paid nothing

Actually, the correct answer is it depends. If you had enough money to pay for your own attorney then you would not have qualified for a public defender.

However, to recover any monies, you would have to sue the government, prove a frivilous suit and that they acted outside the scope of their authority or that some other circumstances existed that would allow you to recover in a suit against the state and/or individuals.

It is rare this occurs and I know of only once case in Arkansas several years ago where the prosecuting attorney brought 6 separate actions against someone in the same year, losing each one because the judge saw through the ploy.

The prosecuting attorney not only was sued personally, but also the city and both lost. The city ended up settling for $15,000 and the attorney was sanctioned by the Arkansas Bar Association.

From your post, these conditions do not exist.

 

[JETX]

"is there anyway to get the state to reimburse me the fees because of the fact that they didn't prove their case and wrongly persecuted?"
*** No. The fact is, the state (prosecution) felt that they had sufficient evidence. The fact that the court (or jury) disagreed does not incur the obligation of covering your expenses. Oh, and the fact that you were not convicted does NOT mean you were wrongly prosecuted.... only that they were not able to PROVE that you were guilty beyond a reasonable doubt.

Also, the response by 'Such-Drama' was incorrect. You simply do not have the 'option' of electing "a public defender and paid nothing."