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I was falsely accused of a felony burglary which has been dead docketed. What does that mean? Can I sue the people that did this

Porterdale, GA |

I went to my late mother in laws home at the request of the ad min of her estate. Arrest warrants were issued by a judge at the request of an officer. My mother in law had a roommate who's brother works for the same Sheriff's Dept. The misdemeanor charges of criminal trespass and assault were dropped (although I never received a letter after my pretrial hearing). I have never had a criminal history. I am worried that I will not be able to get my Georgia Property & Casualty Insurance Agent's license back.

Attorney Answers 3

  1. Best answer

    A "dead docket" means that a criminal case has been placed on a case docket that allows the State to potentially bring it back for prosecution at a later date. If your case lacked any reasonable modicum of legitimacy re: the charges against you, you may have grounds to sue for malicious prosecution. However, there is a difference between the gov't possibly believing there is sufficient evidence to prosecute, even if the case or certain charges end up being dismissed somehow, and there being a complete lack of justification & such being known at the time the prosecution is initiated. I advise that you speak with a personal injury attorney with experience in malicious prosecution cases. Good luck.

  2. Dead docketed means your case is not going to be prosecuted. For all intents and purposes your case has been dismissed. Under the new expungement laws you can remove the arrest from your record after the case has been on the dead docket for a year. You cannot sue the police or the courts for issuing the warrants.

    James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

  3. Suing the police would likely fail for the issuance of the warrants. Your case will not be prosecuted if it was Dead docketed and most people consider this a dismissal of their case. There are new expungement laws that allow you to have the case removed from your record.

    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 State of Georgia.

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