What can I do about being falsely accused for a sex crime, false arrest/imprisonment and malicious prosecution ?

Asked 10 months ago - Kent, WA

I was arrested held in jail for 8 months, subjected to physical and verbal hate crimes by other inmates while being held in jail which there is record of. Then a full trial to the very end that found me not guilty by all 12 jurors. I sat in jail proclaiming my innocence, eventually I lost my job. Next, my wife and I lost our home and had to move. Can I sue the state, county and my accusers ?

Additional information

The Judge aquitted me on all charges.

Attorney answers (3)

  1. Adrian Martinez Madrone

    Pro

    Contributor Level 14

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    Answered . The fact that you were acquitted is great for you in many ways. Whether that fact alone means you have grounds for a lawsuit is another question. Acquittal does not necessarily mean you were found innocent. It simply means that a judge or jury found that the prosecution could not prove their case against you beyond a reasonable doubt. To have grounds for a successful lawsuit, you likely would have to prove that someone in this process (police, prosecutor, judge, accusers, etc.) lied, cheated, or otherwise went way outside of their normal role in the criminal justice system. These are tough cases to prove, but not impossible. You'll probably want to talk to an attorney who does civil rights representation in the context of civil lawsuits against government entities.

  2. Mark C Blair

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You can file a civil lawsuit for just about anything. The questions is will you be able to recover damages. Your need to consult with a personal injury or civil right attorney.

  3. Richard Forrest Gould-Saltman

    Contributor Level 19

    Answered . A. Did you receive a finding of ACTUAL FACTUAL INNOCENCE from the court (NOT the same as an acquittal, and MUCH harder to get).

    Can you prove that the state had absolutely NO evidence, which, even if they believed ALL Of it, on which to prosecute? (i.e., can you prove that they picked you to prosecute simply randomly, or out of malice, and there was NO basis (not even testimony of the accuser) to prosecute you?


    Unless you've answered "yes" to both these, you've got no suit against the state or county.

Related Topics

Criminal charges for false imprisonment

False imprisonment is restraining someone for a period of time without that person's consent and without justification for the restriction.

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