Wednesday, February 10, 2010

I woulds like to know could someone be sued if they get someone arrested for false charges.?

A friend of mine was arrested for assault, and harrassment, she was going to court for over a year. Doing this time she was trying to get a job and she was hired for one job until they found out about the charges, and all the other jobs wouldn't hire her because of the charges against her. She went to trail, and was found not guilty on all charges. So I would like to know is it possible for her to sue the person in civil court?I woulds like to know could someone be sued if they get someone arrested for false charges.?
If she can prove a malicious intent.I woulds like to know could someone be sued if they get someone arrested for false charges.?
as posted above, it is not enough for her to be found not guilty, you need to show malice on part of the person who brought the original charge, not an easy burden
false arrest is a crime in most states, but to sue you do need proof.
Yes, she absolutely can. Have her find a good attorney and take a look at that attorney's rates to make sure it'd be worth her while (money-wise) to sue, though. Attorneys are EXPENSIVE (the ones in my firm charge $150 and $250/hour, and that includes everything from a phone call they take from you to time waiting around court for your appearance to begin.)





I am not an attorney nor do I have experience in criminal litigation, but I would think that if she was found not guilty, she shouldn't be having any problems anymore finding unemployment because of the charges. Bottom line, have a consultatuion with a good attorney and being all these questions up. You don't have to retain that attorney if it's found you don't need one. Good luck!
Jobs have the right not to hire anyone with a record. She can get it hidden so no one but the law to see it. She would have to go back to court.Write a letter to the judge that was on her case.
Remember, the person who 'got her arrested' probably didn't go out of their way to make sure she was arrested. It's apart of the police's job, and then the courts can decide.


In the end, is it worth it to try and sue? She should just look for a new job, instead of spending money on a lawyer etc. And what did the other person in court actually 'take from her?'


Maybe I needed more details? If you're worried, talk to a free government service.

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