If you are found Not Guilty of a crime can you sue the accuser for damages?

Asked over 1 year ago - Jacksonville, NC

I want to recoup my lawyer fees and other fees (sending multiple subpoenas - I had to pay for them all).

Attorney answers (2)

  1. Daniel Lee O'Neil

    Contributor Level 18


    Lawyer agrees

    Answered . Typically defendants rejoice when they are found not guilty, so congratulations on seeing justice through in your case. Unfortunately the fees and court costs are the investment you had to make to avoid prison. They are likely not recoverable unless the specific facts in your case clearly set out a case of malicious prosecution, even then, you will need to invest even more money in fees and court costs to bring the civil litigation and there is no guarantee you will recover.

    The worst thing you can do is get yourself into more criminal trouble by threatening the accuser or harming them. You dug yourself out of the hole with a clear name and you're free to go about your life, so it might be better just to move on.

    Best of luck

    There is NO attorney-client privilege based on this interaction. I am NOT your attorney. We have no signed... more
  2. Philip Douglas Cave


    Contributor Level 17


    Lawyer agrees

    Answered . Mr. O'Neill has some good thoughts.
    I represent any number of clients falsely accused of sexual assault. Once convicted they rejoice, and then they want to sue.
    Unfortunately it is not as easy as it may seem. I tell them that unless they have a clear cut unequivocal judicial "confession" that they lied and made up the story for - revenge say, then a court battle is going to be extremely difficult if not impossible. In the meantime they are spending money and their reputation is back into the public mind.
    So, you would need to take your specific questions to a NC lawyer who does tort litigation to determine if there's even a case worth pursuing.
    Congratulations on the acquittal.

    www.court-martial.com; www.court-martial.us.com; mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your... more

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