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Recovering attorney fees for a dismissed criminal compliant

Pigeon, MI |
Filed under: Lawsuits and disputes

There is a misdemeanor arrest and arraignment on a complaint by a neighbor. Defendent responds with evidence of prior dealings. The case is dismissed because the neighbor doesn't want to persue the case further (according to a court document). What is the likelihood of recovering attorney fees from the complainant in a civil case? Discouraging false complaints in the future is at least as important as the money.

Attorney Answers 2


  1. Slim to none. As a matter of law, the prosecutor chose not to pursue the case, not the complainant. You could sue in civil court for malicious prosecution, but you'd probably spend more getting the judgment than you would recover in fees.


  2. What was the misdemeanor charge?
    Was it FALSE?
    You could HIRE an attorney but it'll
    cost you a couple of thousand to start.
    You could also file a pro se case to
    "discourage" these charges in the future.
    But you better be 100% CLEAN of these
    charges for any chance of winning.
    You could also file a PPO and drag this
    person into court to explain his actions.
    You can represent yourself . . . even if he
    hires an attorney. You simply tell the
    judge your story and let him (or his
    attorney) respond.

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL REPRESENTATION.

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