Can i sue after my case was dismissed

Asked over 1 year ago - Reidsville, NC

was charged with selling drugs but i had nothing to due with that at all they had some one on a tape but it was not me it was dismissed .I spent 32 days in jail lost my job had to report to jail house every week for over a year terms of bail thats alot of driveing and gas money had to pay a babby sitter to go there there a lot more but u got the just of it

Attorney answers (3)

  1. James Kevin Hayslett

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . Suing the governments is a tricky process.
    First of all the judge and the prosecutor enjoy sovereign immunity. Usually the only entity you can successfully bring an action against is law enforcement and that too is a high bar. You must show that they didn't have probable cause for your arrest.
    I would contact a lawyer in your town that handles lawsuits against the goverment and consult with him/her.

  2. Dustin R. T. Sullivan

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I would also add that in most cases, you are not going to be able to find a local attorney to sue the law enforcement agency. You typically will need to find an attorney outside the area due to the nature of the local attorneys having to work with local law enforcement on a daily basis. Best of luck and sorry to hear of your misfortune.

    Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
  3. Damon John Chetson

    Contributor Level 14

    Answered . In the U.S., anyone can sue. However, I think your question is "will you be successful suing" on these facts. The answer is - probably not. The state enjoys great discretion in who it arrests, charges, and prosecutes. You would have to show a level of malicious conduct that is very rarely easy to prove. You'd need to show that the prosecutor and/or police essentially plotted to harm you, not merely that they made a mistake. Talk to a lawyer, however.

    Raleigh criminal lawyer Damon Chetson represents people in Raleigh, Cary,... more

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