• 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.

Damage because of false accusation

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

Vogels

New member
A big multinational ICT company reports a (financial) cybercrime to the police. The company deliberately lied about essential facts to the prosecutor.

Prosecutor and police could easily have verified the facts and discovered the lies. They didn't, they conspired, hid a crucial confiscated document (exculpatory evidence) from the criminal file.

Because of the company lies, bad/corrupt police investigation and corrupt prosecutor I became a suspect, got arrested, jailed and prosecuted.

Can I sue anyone for my damage after my case is finished (and found not guilty)?
 


Just Blue

Senior Member
A big multinational ICT company reports a (financial) cybercrime to the police. The company deliberately lied about essential facts to the prosecutor.

Prosecutor and police could easily have verified the facts and discovered the lies. They didn't, they conspired, hid a crucial confiscated document (exculpatory evidence) from the criminal file.

Because of the company lies, bad/corrupt police investigation and corrupt prosecutor I became a suspect, got arrested, jailed and prosecuted.

Can I sue anyone for my damage after my case is finished (and found not guilty)?
What state?
 

quincy

Senior Member
A big multinational ICT company reports a (financial) cybercrime to the police. The company deliberately lied about essential facts to the prosecutor.

Prosecutor and police could easily have verified the facts and discovered the lies. They didn't, they conspired, hid a crucial confiscated document (exculpatory evidence) from the criminal file.

Because of the company lies, bad/corrupt police investigation and corrupt prosecutor I became a suspect, got arrested, jailed and prosecuted.

Can I sue anyone for my damage after my case is finished (and found not guilty)?
Do you have an attorney to help with your defense? You should have one - and you should discuss the what-ifs with your attorney.

Good luck.
 

zddoodah

Active Member
Can I sue anyone for my damage after my case is finished (and found not guilty)?
Anyone can sue anyone for anything. There's no way at all to know if you would have any chance of prevailing without knowing exactly what happened. However, if the prosecutor's case against you is strong enough to take to trial (which must be the case to have a finding of not guilty), then you have no chance of prevailing. I suggest you not concern yourself with any retaliatory civil action until after the criminal case is done.
 

quincy

Senior Member
Vogels, if you provide your state name, perhaps we can add to what has already been offered - but it appears from what you have disclosed that you are not quite to a point in the criminal action where you should be considering a wrongful arrest/prosecution lawsuit. I recommend you concentrate on your defense to the charges first, and rely on the advice and direction of your defense attorney.
 

Litigator22

Active Member
A big multinational ICT company reports a (financial) cybercrime to the police. The company deliberately lied about essential facts to the prosecutor.

Prosecutor and police could easily have verified the facts and discovered the lies. They didn't, they conspired, hid a crucial confiscated document (exculpatory evidence) from the criminal file.

Because of the company lies, bad/corrupt police investigation and corrupt prosecutor I became a suspect, got arrested, jailed and prosecuted.

Can I sue anyone for my damage after my case is finished (and found not guilty)?
What's your argument; (1) that the alleged conduct complained of did not amount to the commission of a crime, or (2) that you are not responsible for the alleged criminal conduct, or both?

Also, do you believe that you could convince a jury or judge that a reasonable, prudent person presented with the same information as allegedly possessed by your accuser/complainant would have acted differently? That is, would not have judged your actions as criminal and instigated and/or actively participate in an ensuing criminal investigation? If so, please explain fully.

My suggestion is that you do some research on the common law tort of malicious prosecution. Camp out with it a bit and decide whether, if acquitted you believe that you could sustain a civil cause of action against whomsoever induced the authorities to conduct the criminal investigation.
 

quincy

Senior Member
You have all sorts of angles to view this particular case from, but you'd need to consult with a solid attorney.
This thread is from April.

Vogels (the original poster) has not returned to the forum since the time of posting (April 6) and he never provided a state name. Vogels has either found an attorney (who probably would have advised Vogels not say anything to anyone about his case) or his matter has already been resolved.
 

Find the Right Lawyer for Your Legal Issue!

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