Can I sue the business where a burglary occurred, instead of the person who reported me to the sheriff and had me arrested?

Asked about 1 year ago - Penngrove, CA

A year ago I was wrongfully arrested and charged with felony burglary, reduced to misdemeanor burglary. I was released from jail on $1,000. bail. The evidence was a grainy video surveillance tape that was viewed by the person who reported me to the sheriff. I am not the person on the video. I wanted to go to trial but on advice from the public defender I finally took a plea, did 6 hrs community service and there is no record. I want to sue the business in small claims court for damages.

Attorney answers (4)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . No. You took a plea. You won't likely prevail after you pled guilty

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. Victoria L Clemans

    Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered . If you were completely exonerated, you might have a shot a malicious prosecution, however, you entered into a plea for a misdemeanor. The good news is, it's not a strike. Go for the expungement when your probation expires. LAW OFFICES OF VICTORIA CLEMANS, OWNER.

    This is a general statement regarding law and facts and should not be construed as an attorney-client relationship... more
  3. Kelvin P. Green

    Contributor Level 18

    7

    Lawyers agree

    Answered . The business reported a crime. The sheriff investigated it. The prosecutor believed there was enough evidence to convict. You then pleaded guilty.

    You admitted to committing the crime. This tells the business that they were right, it tells the sheriff they were right, it tells the prosecutor she was right... Can't be any damages if you committed the crime and they were all right...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  4. Curtis Lamar Harrington Jr

    Contributor Level 20

    6

    Lawyers agree

    Answered . What would be the measure of damages:
    -against the store?
    -against the "advice from the public defender" to plead guilty to something you did not do? If you told your defense attorney that you DID NOT DO THE CRIME, WAS NOT THERE, & ARE COMPLETELY INNOCENT-- How could the defender advise you to plead guilty?

    Did you allocute? Did you tell untruths during your allocution?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more

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