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Can You Sue For being falsey Aressted & Prosecuted For D.V.

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I

Ijoe7

Guest
My question is Can you sue, or have any recourse in CALIF when you have been falsey Arrested & Prosecuted You could have been sitting in jail till you went to trail if you did not have the money to bail out.The bail was 10K the attorney's fee's where 5K to retain him and another 30K to fight this in court when you never did any thing. You have endured the pain and surffering on a Erroneous D.V. Charge, for a matter of fact a so called crime that you never did. and you are found innocent of all the charges in a court of law. Can you sue the State & D.A who prosecuted you?????
 


L

lawrat

Guest
Yes YES YESSSSSS!!!!! It's called malicious prosecution and the fact that you were found innocent is a big plus for you to be on your way to win a great malicious prosecution claim.

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=3794717057+0+0+0&WAISaction=retrieve

http://www.lectlaw.com//def2/m062.htm


now go get a lawyer to handle this! : - )
http://www.attorneypages.com
____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.
 
K

kiki

Guest
A friend of mine in Maine is involved in a similar situation and I would be very interested to know how this comes out should you file suit. His case has drug on for almost two years now and he's still not been brought to trial. He's positive it's just this fear of a law suit which prompts the delays, coupled with the fact that the evidence is questionable at best.

Any additional information on malicous prosecution would be appriciated. Also, how does "abuse of process" differ from malicous prosecution? He was arrested in an attempt to get information removed from a web site he maintains. Supposedly this information was libelous and constituted defamation of character, but no law suit was ever filed, probably because all he posted to the site was true.

Well, it's too long and involved to get into right now so I won't. Supposedly he goes to trial next month, but it's been scheduled before and postponed at the last minute for one reason or another

thanks
kiki
 

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