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.
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...
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?