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

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. 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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia


  2. 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 or a solicitation for same.


  3. 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-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


  4. 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 Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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