Can I sue the state and the witness at the same time while im still fighting the criminal case or do I have to wait until it is over to sue?
All calls, statements and reports to cops, all law enforcement, and all government boards, agencies and offices, as well as during legal/court proceedings and paperwork are protected and immune from civil lawsuits no matter how false, frequent or evil. So you can not sue the state or the accuser for this. Making such false reports is a crime, but only the government can prosecute crimes, you can not. You can do your best to bring the falsity to the authorities' attention, and if they want, they can investigate and perhaps prosecute, but you can not force them. If you can prove misconduct by the state, then a civil rights lawyer (and your criminal defense lawyer) can pursue it--many hoops to jump through to sue the govt. It's not enough that the prosecution loses, there has to be actual proof of misconduct. Your lawyer can investigate.
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Criminal Defense Attorney
You should wait until the issue is over. Many of the facts will have flushed themselves out by that point. If you can prove you were wrongfully accused, you must also prove your damages. Loss of time from work or even loss of the job entirely, or any other damages. If you were in the newspaper for having been arrested, there is also damages for slander against the accuser. Suing the police is a whole other scenario. They are ethically bound to make an arrest under certain circumstances and you do not provide enough information in your question to properly answer you. But, you have a one year statue of limitations to put them on notice of your intention to sue from the date of the incident. Do not wait to have your attorney send them a notice of your intention to sue. You need to discuss your matter with a Civil Rights attorney right away. A year from the date of the incident can fly by very quickly.
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