False sexual abuse charges

[pelder]

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

I was falsely accused of molesting my step grand daughter; she was 14 at that time. This was first brought up in 2007, at that time the DA refused to prosecute. The DA said that she was not a creditable witness and that she was lying. Now four years later her Father insisted that the DA prosecute. I was tried and found not guilty. She admitted on the stand that she was lying to break up my wife and I. This cost me my marriage and over $100,000.00, my name and picture were posted on the internet, as well as the front page of the news paper. My question is can I sue and if so what I can sue for. Can I sue her Father (he knew she was laying?)

 

[Rexlan]

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

I was falsely accused of molesting my step grand daughter; she was 14 at that time. This was first brought up in 2007, at that time the DA refused to prosecute. The DA said that she was not a creditable witness and that she was lying. Now four years later her Father insisted that the DA prosecute. I was tried and found not guilty. She admitted on the stand that she was lying to break up my wife and I. This cost me my marriage and over $100,000.00, my name and picture were posted on the internet, as well as the front page of the news paper. My question is can I sue and if so what I can sue for. Can I sue her Father (he knew she was laying?)

Was the girl 18 when she, not her father, set the prosecution into motion? Not 18 now.
Can you prove that the father knew she was lying?
Can you prove, will the DA so stipulate, that you were prosecuted as a result of the fathers action?
Were you indicted by a grand jury directly or was it laid over by a court hearing?

Your claim would be for malicious prosecution and it has several hurdles to pass the test. Having been found not guilty is a good first step. Now you must prove malice or lack of probable cause (the father knew) and that is a difficult one. If the girl was 18 then you have a case. Google malicious prosecution and get familiar with it and also be honest with yourself about meeting the tests to prevail. You do not need the practice, you only need to win.

If you think you can prove that the father acted with knowledge then you should contact an attorney and get the ball rolling. Find a good one, not in a firm with more than 3 attorneys, preferably a single practitioner or a partnership. Look at their experience and court experience especially .... not an ambulance chaser who "specializes" in personal injury and social security claims.