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Can i sue the state of Iowa for falsely charging me with a class c felony

Waukon, IA |

i was being charged with a class C felony and the so called evidence was falsified by the DHS case worker involved and the case worker has a track record of threatening and harassing people shes investigating, the alleged victim and her mother denied the allegations when interviewed by the case worker and cop and i was in the next room and over heard the entire interview so i know 1st hand they denied the allegations. but almost 2 years later i got picked up on a warrant for the alleged crime and there claiming her n her mom are stating stuff they never even said.. and because of the felony warrant i was unable to get a job and support my son before he passed away. so im wondering if i can do a lawsuit and if i can who would i have to sue and what would i be able to sue for

also the case/investigation has/had been going on since January 19th 2011 warrant was issued march 8th 2011 was arrested on the warrant Nov 18th 2012. case was dismissed and charges were dropped

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Attorney answers 2

Posted

Were the charges ultimately dismissed or did you plead guilty?

Asker

Posted

case was dismissed and charges were dropped

Colin Christopher Murphy

Colin Christopher Murphy

Posted

It may be necessary to speak with an attorney who specializes in civil personal injury matters to determine if there is a claim.

Asker

Posted

k would the attorney have to be based in iowa or WI were i lived at?

Colin Christopher Murphy

Colin Christopher Murphy

Posted

The attorney would need to be licensed to practice in Iowa to bring a claim in state court or associate with an Iowa licensed attorney and be admitted to practice pro hac vice for this limited purpose.

Asker

Posted

in your honest opinion do you think i have a claim?

Posted

You must meet a very high standard to prove malicious prosecution. If you are serious about it, you should meet with an attorney to discuss whether you could possibly meet that standard. Litigation, by its nature, is uncertain, and we can't possibly give you a definitive answer under these facts.

You can reach our offices directly at (515) 288-6041. The comments listed here are of a general nature and should not be understood to create a formal attorney-client relationship -- that is, I am not, and I cannot give you legal advice here. I am licensed in Iowa and to become your attorney, I need to understand the particular facts and circumstances of your legal question.

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