I was wrongly accused, arrested, and charged with theft at Walmart, can I sue them?

Asked over 1 year ago - Houston, TX

On January 6 2012 I was falsely accused, arrested, and charged with stealing from Walmart. Even after they knew they made a mistake and had the wrong person, they still pursued with having me charged. Loss prevention would even come to court pointing me out and continuing with the accusations! Today I finally got the case dismissed because they stopped showing up for court and didn't want to go any further I guess. I need a lawyer and would like to sue them!

Attorney answers (5)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . See my answer to your previous question.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Carmine John Giardino

    Contributor Level 14

    1

    Lawyer agrees

    Answered . The answer to your question is unequivocally YES, you can sue them. The specific facts of the case will determine whether you should sue them; however, DO NOT post any more facts about your case on a public forum. If you want me to review your case, you can send details to my email address (helpingtexas@yahoo.com) or fill out a free case review form at www.sainjurylawyer.com.

  3. Ian Thomas Valkenet

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Malicious prosecution or abuse of process can be difficult causes of action to prove because it requires a showing of intent. If you proceed, you will need an attorney to help you with the arduous factual an legal research required associated with this potential case.

    I suggest you smile, appreciate that your criminal charges were dropped, and let the whole thing go.

  4. William A. Jones Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . If you can assemble competent evidence to support the factual matters asserted in your posting you might have a viable civil action against Walmart. This is really not a criminal defense question but instead a civil matter.

  5. Joshua Sachs

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Sounds like you would have a sharply contested civil case with a difficult burden of proof resting on your shoulders which you might or might not be able to carry. There will be credility issues and every word you say will be disputed. I suggest you consult an attorney who has experience in civil rights litigation to have your case evaluated. It might be worth pursuing, but that is by no means certain.

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