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Can I sue the business where a burglary occurred, instead of the person who reported me to the sheriff and had me arrested?

Penngrove, CA |

A year ago I was wrongfully arrested and charged with felony burglary, reduced to misdemeanor burglary. I was released from jail on $1,000. bail. The evidence was a grainy video surveillance tape that was viewed by the person who reported me to the sheriff. I am not the person on the video. I wanted to go to trial but on advice from the public defender I finally took a plea, did 6 hrs community service and there is no record. I want to sue the business in small claims court for damages.

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Attorney answers 4


No. You took a plea. You won't likely prevail after you pled guilty

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I did not plead guilty. There was no plea. On advice of my public defender I accepted a DIVERSION program as opposed to trial by jury and performed 6 hours of community service. The public defender advised me that I could pursue a claim for damages in small claims court. My question is, can I sue the business where the burglary occurred instead of the person who reported me to the sheriff?

Anthony Michael Solis

Anthony Michael Solis


In any event, your best claim is probably malicious prosecution which will require you to prove they reported you falsely knowing it was false and intending you to get falsely arrested

Joseph Salvatore Farina

Joseph Salvatore Farina


The chances of you succeeding are slim to none. Even if you accepted diversion based on your PD's advice, you are not going to prevail. Innocent people do not accept any deals, diversion or not. Forget it and move on.


If you were completely exonerated, you might have a shot a malicious prosecution, however, you entered into a plea for a misdemeanor. The good news is, it's not a strike. Go for the expungement when your probation expires. LAW OFFICES OF VICTORIA CLEMANS, OWNER.

This is a general statement regarding law and facts and should not be construed as an attorney-client relationship or a solicitation for same.


The business reported a crime. The sheriff investigated it. The prosecutor believed there was enough evidence to convict. You then pleaded guilty.

You admitted to committing the crime. This tells the business that they were right, it tells the sheriff they were right, it tells the prosecutor she was right... Can't be any damages if you committed the crime and they were all right...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.


What would be the measure of damages:
-against the store?
-against the "advice from the public defender" to plead guilty to something you did not do? If you told your defense attorney that you DID NOT DO THE CRIME, WAS NOT THERE, & ARE COMPLETELY INNOCENT-- How could the defender advise you to plead guilty?

Did you allocute? Did you tell untruths during your allocution?

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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