• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

can i sue this guy

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

E

essex76

Junior Member
What is the name of your state (only U.S. law)? Illinois
My neighbor, with whom I have had numerous run-ins with before, intentionally had me falsely arrested for damage to personal property. He lied on the stand in court and holes punched in his entire testimony by both my lawyer and the judge. On the trial date he proposed to the prosecuting attorney that he was willing to have the charges dropped; he did not want to go through with the trial. My lawyer and I refused and proceeded with trial b/c we knew that our case was solid and that he was lying. I was found not guilty of criminal damage to property and some lesser charge of verbal assault. My question is can I sue him for the legal expenses that I incurred as a result of the trial and because he had me falsely arrested. I was arrested in October 2008, the trial was in January 2009
 


P

Proserpina

Senior Member
essex76 said:
What is the name of your state (only U.S. law)? Illinois
My neighbor, with whom I have had numerous run-ins with before, intentionally had me falsely arrested for damage to personal property. He lied on the stand in court and holes punched in his entire testimony by both my lawyer and the judge. On the trial date he proposed to the prosecuting attorney that he was willing to have the charges dropped; he did not want to go through with the trial. My lawyer and I refused and proceeded with trial b/c we knew that our case was solid and that he was lying. I was found not guilty of criminal damage to property and some lesser charge of verbal assault. My question is can I sue him for the legal expenses that I incurred as a result of the trial and because he had me falsely arrested. I was arrested in October 2008, the trial was in January 2009
Click to expand...
You chose to go to trial, not him - you pretty much incurred the costs yourself (whether or not you can be reimbursed is another question).

But stand by - other more experienced folk will answer too.
 
E

essex76

Junior Member
response: can i sue this guy

yes, i did choose to go to trial but i would have incurred the legal fees whether we went to trial or not. i retained an attorney soon after my arrest. my legal fees were a one-time payment. my lawyer was paid regardless of if we went to trial. i guess my point is that i would not have needed a lawyer if this guy wasn't just blatantly vindictive.

so i guess what i hear you saying is that it was just money well spent.
 
Zigner

Zigner

Senior Member, Non-Attorney
Ask your lawyer about going to a court to have yourself declared innocent.
 
L

latigo

Senior Member
You mention having a lawyer. If not a public defender, ask him or her about filing an action for malicious prosecution. If a public defender, consult with a good trial lawyer. Because all of the elements of the cause of action seem to be present. *

But don’t even think in terms of a small claims action. In the first place it would not be within the court's jurisdsdiction and secondly you should be seeking damages far beyond the limits of a small claims court.


[*] Malicious prosecution defined: The pursuit of a criminal proceeding for a dishonest purpose and without probable cause.
 
M

Mr. Fusion

Member
Generally, criminal defense fees are not recoverable. And I agree, that stinks.

Having said that, however, the false arrest will most likely be recoverable, especially if he filed a false police report. If the criminal trial Judge said the complainant lied then you might have something else to go after him about.

Generally, you may not sue for what someone says in the witness box. The recourse there is to take it to the prosecutor for lying under oath (perjury).

This though is NOT a Small Claims Court action. Get an attorney. This is not the type of action Small Claims courts were designed for.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top