Suing the governments is a tricky process.
First of all the judge and the prosecutor enjoy sovereign immunity. Usually the only entity you can successfully bring an action against is law enforcement and that too is a high bar. You must show that they didn't have probable cause for your arrest.
I would contact a lawyer in your town that handles lawsuits against the goverment and consult with him/her.
I would also add that in most cases, you are not going to be able to find a local attorney to sue the law enforcement agency. You typically will need to find an attorney outside the area due to the nature of the local attorneys having to work with local law enforcement on a daily basis. Best of luck and sorry to hear of your misfortune.
Call Trial Attorney Dustin RT Sullivan at (910) 508-2200 or visit us at www.sullivansnowlaw.com to find out more.
In the U.S., anyone can sue. However, I think your question is "will you be successful suing" on these facts. The answer is - probably not. The state enjoys great discretion in who it arrests, charges, and prosecutes. You would have to show a level of malicious conduct that is very rarely easy to prove. You'd need to show that the prosecutor and/or police essentially plotted to harm you, not merely that they made a mistake. Talk to a lawyer, however.
<a href="http://www.chetson.com">Raleigh criminal lawyer</a> Damon Chetson represents people in Raleigh, Cary, Apex, and the rest of Wake County, North Carolina. The information provided here is for educational purposes only and should not be relied upon as the specific facts may change the potential advice. Consult with a licensed <a href="http://www.chetson.net">Raleigh criminal lawyer</a> or attorney in your jurisdiction about your legal question or problem. For a free consultation about a North Carolina case, call (919) 352-9411 day or night, any day of the week.