falsely arrest for property distruction - can I sue in small claims for false arrest?

[loseed]

Last night i was served with a warrent for arrest. A woman claims she saw me slash her tires, wghich I did not. I was out with my husband and 4 friends on the night in question (where this was was also) and they can state they were with me.

The thing is, she says she SAW me do it...
Can I sue her for false arrest? Do I file now or wait until after my trial? I can't believe I have to get arraigned and have a trial. I have never been arested.

Mom of two, white collor professional.
Loseed

 

[stephenk]

She never arrested you, the police did. She may be liable for filing a false report, but that is for the police to determine and they would be the ones to file such a criminal claim against her.

Get an attorney. Have your alibi witnesses meet with the attorney and have your attorney arrange a meeting with the prosecuting attorney. The matter may just be dismissed.

Is there some history between you and the lady who made the claim? If so, that might be important for your attorney and the prosecutor to know in determining the other lady's credibility and/or bias.

 

[frostysnowman]

Yes, you can sue the person for having you falsely arrested. To be successful, you must show two things. First, that the person did so willfully and with malice, with no cause whatsoever. If a judge rules there was any reasonable justification for the person to claim it was you, then you will lose. Since it sounds like there must be some additional background between the two of you, it might not be as hard as you think. Secondly, you must be able to prove damages. FYI...emotional distress does not often carry a great deal of weight in small claims court.